Gun Association, Mass. Retailers Sue AG Over Assault Weapons Crackdown

BOSTON, MA — Massachusetts gun sellers and the gun industry’s largest trade association are taking Massachusetts Attorney General Maura Healey to court over her controversial crackdown on what the AG calls a "loophole" in the state's assault weapons ban.

The National Shooting Sports Foundation filed a civil complaint Thursday in U.S. District Court in Boston that challenges the Constitutional grounds of Healey's action, states that her office overstepped its legal authority and, in doing so, deprived weapons retailers of their due process protections. The action seeks declaratory relief and a permanent injunction enjoining enforcement.

Massachusetts retailers signed on to the suit are Pullman Arms Inc., of Worcester; Guns and Gear LLC, of Agawam; Paper City Firearms, of Holyoke; and Grrr Gear, of Orange.

It comes after Healey in July sent an enforcement notice to 350 Massachusetts gun dealers, telling them her office is cracking down on the sale of certain modified guns, which will now be treated as "copies and duplicates" of assault weapons as defined (and long banned) under state law.

Mass. AG Cracks Down on Assault Weapons Ban 'Loophole'

In a statement shared with The Boston Globe, Healey's press secretary said:

“It is working. For far too long the gun industry has taken it upon itself to interpret the state’s assault weapons ban to allow these unlawful sales, so it’s no surprise that the gun lobby has challenged our enforcement. We look forward to defending in court our efforts to ensure that residents get the full protection of the law.”

Lawrence Keane, senior vice president and general counsel for the Newtown, Connecticut-based NSSF, said in a statement Thursday Healey's enforcement actions were not only unconstitutional, but inscrutable.

“Firearms retailers in Massachusetts cannot determine the meaning or scope of the Attorney General’s Enforcement Notice and subsequent explanations,” he said, characterizing the actions as overreach without going through the necessary political processes.

Gun Enthusiasts Up in Arms Over AG's 'Copycat' Assault Weapons Ban

“In addition," he said, "if the Attorney General’s Enforcement Notice is understood as applying to all semi-automatic firearms, it violates the Second and Fourteenth Amendments to keep and bear arms because it bans the manufacture, sale and possession of a broad range of firearms in common use by the citizens of Massachusetts."

Patch first reported on the pending legal action last month, and on a prominent member of the NSSF's legal team — Michael Sullivan, a former U.S. District Attorney and acting head of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.

Read more from Patch:

• Gun Association Plans Legal Action on Mass. AG's Assault Weapons Enforcement
• Protesters of Massachusetts Assault Weapons Crackdown Take to Beacon Hill
• Governor Calls for Clarity in Assault Weapons Ban Enforcement

Photo by Alison Bauter, Patch staff