Firearms Retailers, NSSF File Federal Suit against Attorney General Healey’s Overreaching ‘Enforcement Notice’
Four federally-licensed Massachusetts firearms retailers and the National Shooting Sports Foundation (NSSF), the trade association for the firearms and ammunition industry, today filed action in United States District Court for the District of Massachusetts to challenge on Constitutional grounds the “Enforcement Notice” issued by state Attorney General Maura Healey. The lawsuit states that her office overstepped its legal authority and deprived the retailers of their due process protections guaranteed under the U.S. Constitution. The action seeks declaratory relief and a permanent injunction enjoining enforcement.
The retailers are Pullman Arms Inc. of Worcester; Guns and Gear, LLC of Agawam; Paper City Firearms of Holyoke; and Grrr Gear of Orange.
“Attorney General Maura Healey’s actions were unconstitutional. Firearms retailers in Massachusetts cannot determine the meaning or scope of the Attorney General’s Enforcement Notice and subsequent explanations,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Because criminal penalties can result due to Attorney General Healey’s unilateral reinterpretation of a state statute done without administrative process or input from affected parties, her office exceeded its lawful authority and retailers were deprived of their due process protections under the Fifth and Fourteenth Amendments.”
“In addition, 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,” Keane said. “Unfortunately, Attorney General Healy’s unconstitutional action has left us no other option than to seek relief from the courts.”
Representing NSSF and the retailers are the Boston-based law firm of Kenney and Sams, P.C., and Michael Sullivan of the Ashcroft Law Firm, who is a former United States Attorney for the District of Massachusetts and former Acting Director, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.
Read the Civil Action filed today.
NRA-ILA: Second Amendment Keeps Winning
via NRA-ILA
With a propaganda machine that only a billionaire can buy, Everytown for Gun Safety and its affiliated organizations continue to spread the falsehood that the anti-gun movement is gaining ground in the state legislatures. As part of this “story of success,” they also attempt to argue that the tide of public opinion is shifting in favor of so-called “common-sense gun reform,” and that a majority of Americans support further restricting a fundamental right.
Of course, nothing could be further from the truth.
One need look no further than Missouri this week where Governor Jay Nixon’s veto of NRA priority legislation – Senate Bill 656 – was overridden by the legislature.
In addition to allowing law-abiding citizens to carry a firearm without a permit, Senate Bill 656:
- Expands Castle Doctrine and Stand Your Ground protections;
- Adds additional permit options to include extended and lifetime permits;
- Specifies that with the exception of credit card fees, no additional fee beyond $100 may be charged to process concealed carry permits;
- Allows members of the military extra time to renew their permits.
The passage of SB 656 makes Missouri the 11th state in the Union to enact permitless concealed carry, joining Idaho, Mississippi and West Virginia in enacting similar legislation this year.
Importantly, Everytown had engaged in a very aggressive campaign against Senate Bill 656, including airing misleading television ads, to derail the bill at every point in the legislative process. In the end, the legislature stood firm with Missouri’s law-abiding gun owners and against outside pressure brought to bear by Everytown and its affiliates.
The propaganda will continue, of this we can be sure. So let’s cut through some of Everytown’s nonsensical chatter with a short reality check.
Everytown claims that they Continue reading
#GunVote 2016 – Get Involved
For Gun Owners, This Is The Most Important Election Ever
Of course, we all know by now that the democratic front-runner in the 2016 race for the office of the President of the United states has made gun control a major part of her platform, which includes vowing to attack gun rights on her first day in office if elected. That is a given, since her name is on some of the worst Second Amendment-violating legislation in the United States from the last time she was in the White House.
However, following the passing of of Justice Antonin Scalia (often the deciding opinion on Second Amendment cases before the SCOTUS), the implications of this election go much further and will have much longer lasting repercussions. Justice Scalia’s vacant seat will be filled by someone appointed by the president we elect in November. With the balance of the Supreme Court at stake, this election will affect our constitutional rights. It is crucial that all gun owners and Second Amendment supporters register to vote, become informed about candidates’ positions, and on Election Day, #GUNVOTE. Don’t risk your rights!
I AM the NRA and So Are You
Why the Anti-Gun Left Hates You Personally
Year after year, election cycle after election cycle, misguided astroturf group after misguided astroturf group; the rhetoric from the anti-gun left remains the same. No matter which politician or Bloomberg/Soros puppet is spouting it, it is is the same tired old tune: “Blame the NRA,” “The NRA must be stopped,” “Congress is beholden to the NRA,” “Blah blah blah blah Gun Lobby.“
And then, there is the the typical hateful intolerance and hypocrisy from the violent anti-gun zealots, like the University of Cincinnati administrator who recently suggested that, to save the country, people must “Kill the NRA.” What about “celebrities” like former television child stars who send vulgar tweets blaming the NRA when a criminal murders cops with their own guns or aging rock musicians from bands formed nearly 3½ decades ago who claim that they are “definitely more afraid of the NRA than of any Muslim terrorist.” Or the recent group of childish malcontents who don’t rate a mention by name who took to social media hoping to win hearts and minds with vulgar language and obscene images along with their anti-gun rhetoric. And don’t forget the constant onslaught of “witty” political cartoons which demonize the NRA, such as the winner who depicts the United States Congress worshiping at the alter of the NRA, complete with bloody footprints leading the way – which is ironic considering the blood that must surely cover anti-gunners’ feet when they dance in the blood of the victims after every widely-reported tragedy and the blood on their hands from the gun control measures which have enabled nearly 100% of the mass killings in US history. Continue reading
NRA: Hypocrite Hillary Leaves You Defenseless
The National Rifle Association has really been nailing it with their television ads. From their “Freedom’s Safest Place” spots to their latest one below, we like what they are doing. This demonstrates why, although very important, joining the NRA isn’t enough; it is also important to support the NRA-PVF (Political Victory Fund) to make ads like this possible since general funds and membership dues can not be used for lobbying or political purposes.
She’s one of the wealthiest women in politics. Combined income: $30 million. Tours the world in private jets. Protected by armed guards for 30 years. But she doesn’t believe in your right to keep a gun at home for self-defense. She’s an out-of-touch hypocrite. And she’d leave you defenseless.
Gun Salesman of the Year Award
Gun Salesman of the Year – Eight Consecutive Years!
Time may tell, but it may end up being Gun Salesman of the Century. How many NICS check records have been set and then broken under this administrations constant attacks on gun rights?
Great Guns – And who is responsible for this big boom in gun sales?