COMM2A (Mass) sues AG over handgun sales regs

[jrosenberger]

http://comm2a.org/index.php/55-projects/205-draper

Long story short(ish):
MA has two requirements for handguns to be legal for dealer sales. They have to pass testing similar to California's to be put on the "Approved Firearms Roster". They also have to comply with the Attorney General's handgun sales regulations, which the AG set up under the Consumer Protection act. One of those regulations is a requirement for either a magazine disconnect or a loaded chamber indicator. The AG refuses to respond to people who ask whether a gun is compliant with the regs and instead goes after dealers *after* they start selling a gun. In 2004 or so, Glock got most of its guns added to the roster and a prominent dealer started selling them. Then the AG said the Glock LCI wasn't good enough and the dealers had to scramble to get all the sold guns back or face a $5k/gun fine. Since then, it's been impossible to buy new Glocks in MA.

There are other guns that have LCIs nearly identical to Glock's that have been sold in MA for years. No one has been able to get a straight answer as to why. This issue figures prominently in the complaint.

 

[press1280]

This could end up with a quick win. The state's going to have a hard time explaining this.

 

[jrosenberger]

This could end up with a quick win. The state's going to have a hard time explaining this.

I'm really looking forward to the AG's response. The state rolled over in the recent pot case that backed them in to a corner, but that was a really narrow as applied challenge. I doubt they'll back down so easily on this, but I may be pleasantly surprised.

 

[wolfwood]

These guys have had a string of success recently. I really found it surprising their win in Simkin did not get more exposure. That was the first case to overturn a CCW statute albeit one with lessor application than most as it was out of state CCW statute. The Mass Supreme Court essentially found that the law violated procedural due process.

 

[krucam]

The Complaint in Draper v. Coakley from the Comm2A release:
http://ia902504.us.archive.org/3/items/gov.uscourts.mad.161588/gov.uscourts.mad.161588.1.0.pdf

SAF is also a party in the case. Their release:
https://saf.org/?p=3666

 

[Knuckle Dragger]

These guys have had a string of success recently. I really found it surprising their win in Simkin did not get more exposure. That was the first case to overturn a CCW statute albeit one with lessor application than most as it was out of state CCW statute. The Mass Supreme Court essentially found that the law violated procedural due process.

Thank you for the kind words. Simkin was indeed a victory in terms of starting to put some limits on this suitability non-sense. Comm2A, however, was not a party to that action, we only participated as an amicus.