Sunday, August 07, 2016

MA: AG Healy's Diktat on Gun Ban to be Challenged in Court

Massachusetts Attorney General, Maura Healey, will have her dikat baning numerous semi-automatic rifles challenged in court. The National Shooting Sports Foundation has stated it will file a lawsuit against the AG on the measure. The NSSF is the gun industry trade association.  From
The firearm industry group, based in Newtown, Conn., said it retained former U.S. attorney Michael Sullivan for the lawsuit, which will attack Healey’s interpretation of the 
statute that could be used to ban the sale of all semiautomatic guns.

Keane declined to detail the plans for the lawsuit and to name other parties joining the industry group’s legal fight, but he expects others to file lawsuits as well.

“For 20 years the requirements of the act were well understood by industry and consumers exercising their Second Amendment rights in the state of Massachusetts,” Keane said. “This attorney general, for purely 
political reason to advance her career, has chosen to trample on the rights of law-abiding citizens.”
Healey has drawn considerable criticism for the move, which was done while the legislature was adjourned.  She had not approached the legislature previously with any suggestions for changing the law. 

The Massachusetts legislature has 200 legislators.  58 legislators sent a letter to Healy complaining about the diktat.  One of those, Representative Geoff Diehl (R) says that half of state legislators have lined up to repeal Healey's diktat with legislation:
“It’s going to take a lawsuit to put a stay on it, and it will take a change in legislation that we can get done next session,” Diehl said. He said about 100 state lawmakers from both parties have lined up against Healey’s crackdown.
The Massachusetts legislature is heavily Democrat, currently 126 out of 160 in the House, and 34 out of 40 in the Senate.  Bills have to move through the Democrat leadership, so it is uncertain whether such a bill would be able to gain traction.  As a counterweight, legislators do not like to have their authority and power undercut by an Attorney General acting unilaterally.

We will have to wait until  next year to see if legislation materializes.  The 2016 Massachusetts legislative session ended on 31 July.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
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