Cape Gun Works & Baystate Firearms File Suit v Healey

There is a hearing scheduled for judgment on pleadings scheduled for this Tuesday 5/19 in this lawsuit.

Superior Court standing orders indicate business is still being conducted, and that they will use video or teleconferencing. Online access to state trial court documents is limited, unlike with federal courts, so I don't have anything to post beyond this.

Edit: Found the original petition and the current motion online.
Here's the original petition: https://news.guns.com/wp-content/uploads/2018/08/PetitioforDeclaratoryRelief.pdf
Here's the motion: https://www.nssf.org/wp-content/uploads/2019/10/2019.10.11MotionforJudgmentonthePleadings.pdf

As a reminder, this is the NSSF-backed action that could reverse the 7/20/16 Healey enforcement notice. The federal case on this subject had a very limited cause of action and is basically over at this point without much to show for it.
 
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I just went to look this up and, unless I’m mistaken, the hearing has been postponed. Can anyone confirm?
View attachment 358465


Appears to be rescheduled due to Covid.

04/22/2020Court orders rescheduling due to State of Emergency surrounding the Covid-19 virus.: Hearing for Judgment on Pleading scheduled on: 05/19/2020 02:00 PM Has been: Rescheduled-Covid-19 emergency Hon. Sharon Donatelle, Presiding Staff: Timothy C Walsh, Assistant Clerk Magistrate

 
If this is a Healey case, my prediction is they're going to move the goalposts as to what interpretation a administration can do with "best interest" at heart with the other corona virus lawsuits and then apply that here to slap down CCGW and reaffirm the ban as legal.


[tinfoil]
 
I just went to look this up and, unless I’m mistaken, the hearing has been postponed. Can anyone confirm?
It's showing the same status it was a few days ago, so I don't think it was postponed. It was originally postponed from 4/22 to 5/19.

The MA court website is just confusing. I don't think it's normally updated in real-time.
 
It's showing the same status it was a few days ago, so I don't think it was postponed. It was originally postponed from 4/22 to 5/19.

The MA court website is just confusing. I don't think it's normally updated in real-time.
On 4/22 they postponed the previously scheduled 5/19 hearing to an unknown future date.
That's what they've been doing to my district court cases.
 
Honestly, who cares! The enforcement notice is crap and we all know it here. 4 years not 1 arrest! Some FFL’s are given the two middle fingers to it and some are not, oh well. We’ll see if it gets picked up by SCOTUS but I doubt it...they have been punting more than my Super Foot did Back in the day. At least we have every other bay to shoot in...lol!!!!
 
Honestly, who cares! The enforcement notice is crap and we all know it here. 4 years not 1 arrest! Some FFL’s are given the two middle fingers to it and some are not, oh well. We’ll see if it gets picked up by SCOTUS but I doubt it...they have been punting more than my Super Foot did Back in the day. At least we have every other bay to shoot in...lol!!!!

The only reason I care is price. The illusion of a ban is a very real market externality. When I can buy a lower from any shop in the state that price moves in our favor.
 
The only reason I care is price. The illusion of a ban is a very real market externality. When I can buy a lower from any shop in the state that price moves in our favor.
Agreed. But there will always be a ban in MA. So whether you build or buy it, will still be at a premium giving everything involved. But let’s hope we get some SCOTUS relief but I’m not holding breath.
 
Agreed. But there will always be a ban in MA. So whether you build or buy it, will still be at a premium giving everything involved. But let’s hope we get some SCOTUS relief but I’m not holding breath.
Well, the ideal weapons protection from SCOTUS would be an "in common use" test based on "text, history, and tradition". There would be no balancing tests on text, history, and tradition - this would be a flat prohibition on weapons-based prohibitions if the weapon is in common use in the country.

This is not the most likely result if SCOTUS takes a case, but I hope they at least leave the door open to tightening it to this level in future rulings.
 
Well, the ideal weapons protection from SCOTUS would be an "in common use" test based on "text, history, and tradition". There would be no balancing tests on text, history, and tradition - this would be a flat prohibition on weapons-based prohibitions if the weapon is in common use in the country.

This is not the most likely result if SCOTUS takes a case, but I hope they at least leave the door open to tightening it to this level in future rulings.
Great point! I hope. Once “the Notice” is completely slapped out of the ball park, in any court besides MA, I feel the Legislature goes full retard and we go from a features ban to a Canadien Ban, straight passed the liberal loving Aussie ban, lol!
 
If you ban all of them, none are in common use.

highresrollsafe.jpg
 
If you ban all of them, none are in common use.

highresrollsafe.jpg
.

This is why focusing on the "Common use" point too sharply might bite you in the ass. Sure it would solve our current problem but it would mean all the government has to do to stay within that guideline is ban any new thing that is invented as soon as possible. That way it never has time to be in common use.
 
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