January 11, 2019
Federal Appeals Court Dismisses Mass. AG’s Appeal
Firearms Retailers, NSSF Federal Suit Against ‘Enforcement Notice’ Goes Forward
NEWTOWN, Conn. — A three-judge panel of the United States Court of Appeals for the First Circuit on Wednesday, just hours after hearing oral argument, dismissed an appeal[1] filed by Massachusetts Attorney General Maura Healey in a federal lawsuit brought by four federally-licensed Massachusetts firearms retailers and the National Shooting Sports Foundation® (NSSF®), the trade association for the firearms and ammunition industry. The lawsuit challenging Healey’s 2016 “Enforcement Notice” will go forward unimpeded. In 2018, a federal district court judge in Worcester had denied Healey’s motion to dismiss the lawsuit finding that the plaintiffs had asserted valid federal due process claims.
“We are very pleased that the judges saw the total lack of merit in the appeal and, in a rare move, dismissed it the very same day they heard oral arguments, Attorney General Healey’s frivolous attempt to prevent part of this suit from moving ahead based on state law claims that were not even being made,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel.
The lawsuit states that Healey overstepped her 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.[2] of Worcester; Guns and Gear, LLC[3] of Agawam; Paper City Firearms[4] of Holyoke; and Grrr Gear[5] of Orange.
“The actions of Attorney General Healey’s office in 2016 were unconstitutional, leaving firearms retailers in Massachusetts unable to determine the meaning or