Mass. AG Asks Court to Dismiss Assault Weapons 'Enforcement' Suit

BOSTON, MA — With her office claiming a new enforcement notice has "effectively ended" the sale of assault weapons long banned in Massachusetts, state Attorney General Maura Healey on Tuesday asked a U.S. District Court judge to scrap a lawsuit filed against her office.

Massachusetts gun sellers and the gun industry’s largest trade association in September filed a lawsuit against Healey over her controversial crackdown on what the AG calls a "loophole" in the state's assault weapons ban.

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.

According to the motion for dismissal filed Tuesday, the AG's office found more than 10,000 such weapons were sold in Massachusetts in 2015 alone, "weapons that were nearly identical in design and function to weapons on the list of banned enumerated weapons."

Timeline:

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

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

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

The National Shooting Sports Foundation subsequently filed a civil complaint 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.

In a statement Tuesday on Healey's request to dismiss the case, her press secretary said:

"Since 1998, state law has banned the sale and possession of assault weapons, including copies and duplicates of AR-15s and AK-47s. We know, from the many mass shootings across the country in recent years, that keeping these military-style weapons off our streets will make our communities safer, and we are glad to see that gun dealers and manufacturers are now complying with the law. Since our office issued the Enforcement Notice in July, the illegal sale of assault weapons in Massachusetts has effectively ended, as the Legislature intended. We strongly believe this lawsuit – which seeks to block the Attorney General from issuing guidance – has no merit and we have asked the court to dismiss it."

Although a prominent part of the national debate over gun violence, the definition of "assault weapons" is often murky and inevitably politically charged.

Under Massachusetts state law, "assault weapon" is defined as semiautomatic assault weapons, including all AR models and more, as well as revolving cylinder shotguns (full list here). Not included in the ban are any guns operated by manual bolt, pump, lever or slide action, inoperable assault weapons, anything made pre-1899, theater props and, most relevant to the current debate, any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition or any semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine.

The law also stipulates that "any of the weapons, or copies or duplicates of the weapons, of any caliber" are similarly banned.

Photo via Maura Healey Twitter