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 filed action in United States District Court for the District of Massachusetts in late September 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,” 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.”

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, former U.S. Attorney and former ATF Acting Director.

ADVERTISEMENT