Comm2A files against the AG on LCIs, Draper v Coakley

[Lank]

Could call her office say you want to file a consumer complaint for unfair and deceptive practices....

Fantastic idea

 

[The5thDentist]

I'm reading the complaint right now. Many hours of work went into this. Amazing.

 

[Cloverleaf Firearms Group]

I'm reading the complaint right now. Many hours of work went into this. Amazing.

I'm not going to lie... That complaint was like firearms legalese erotica.

 

[Mark from MA]

It's an honor to have our name on the complaint.

I'm not out that way much, but I'll certainly make a point to send any new business your way. Thanks for having a set of balls.

- - - Updated - - -

Comm2A donation on the way.

 

[Billsail]

Another bonus is this lawsuit is coming as her Gubernatorial run is in it's infancy.

 

[mikes45]

Another bonus is this lawsuit is coming as her Gubernatorial run is in it's infancy.

Serious question. Do you think this will benefit us or go against us.

 

[rocket500]

I am happy to see this- but why did Comm2A start in a Federal (National) Court?

The Mass constitution has the RKBA.

Because the MA courts have consistently ruled in an anti gun manner, irrespective of what the state constitution says.

 

[Billsail]

Serious question. Do you think this will benefit us or go against us.

If you're saying bad publicity is better than no publicity, then I don't know. I would hope it would hurt her campaign, but I can't predict what the "spin-meisters" will do with it.

 

[rocket500]

Can't see how this could go against

 

[NickyBangBang]

Always giving to Comm 2A

 

[Rekonn]

Excellent job Comm2A, love the approach of narrow focus on low hanging fruit, get a win to build on for future cases. New monthly sponsor here.

 

[DBLOCK020]

Good job and hope for the best outcome.

 

[DBLOCK020]

Next step is to light up on fire the AG list...

 

[xero2099]

Next step is to light up on fire the AG list...

lets hope this is the match

 

[PaulD]

Pretty much. There are currently a crap ton of guns that "get a pass" where common gun solvents can remove the LCI but somehow the tactile, hard to remove bump on the glock extractor is "not enough".

-Mike

Yup. Back in the 80s, all the antis thoughts Glocks could be brought silently past airport security because they were all plastic. NYPD refused to buy them and Rosenthal still spews this BS.

That said, I'm wondering why Comm2A didn't go after the AG regs in a broader way, like how the enforcement of them is so capricious.

 

[mattyw]

Yup. Back in the 80s, all the antis thoughts Glocks could be brought silently past airport security because they were all plastic. NYPD refused to buy them and Rosenthal still spews this BS.

That said, I'm wondering why Comm2A didn't go after the AG regs in a broader way, like how the enforcement of them is so capricious.

My guess is that's next.

I hope they do it before the new AGAIN tries to out-douche the previous one

 

[noxin]

Yup. Back in the 80s, all the antis thoughts Glocks could be brought silently past airport security because they were all plastic. NYPD refused to buy them and Rosenthal still spews this BS.

That said, I'm wondering why Comm2A didn't go after the AG regs in a broader way, like how the enforcement of them is so capricious.

Comm2A's strategy is to use precision, needle like strikes, to make small changes that will lead to bigger changes. Broad cases can lead to bad case law if it's not handled properly in the court. With the smaller one, if something goes sideways, the impact of a negative outcome is limited.

 

[PaulD]

Comm2A's strategy is to use precision, needle like strikes, to make small changes that will lead to bigger changes. Broad cases can lead to bad case law if it's not handled properly in the court. With the smaller one, if something goes sideways, the impact of a negative outcome is limited.

Yes, I do understand that and I have faith that they know what they're doing from a legal strategery standpoint. That said, I would have guessed the capriciousness would have been a solid point to attack on. Regardless, I'm glad Comm2A is on it and yes, I donate.

 

[drgrant]

Yup. Back in the 80s, all the antis thoughts Glocks could be brought silently past airport security because they were all plastic. NYPD refused to buy them and Rosenthal still spews this BS.

That said, I'm wondering why Comm2A didn't go after the AG regs in a broader way, like how the enforcement of them is so capricious.

Well, if you think about it, that's exactly what this does; except it starts by picking out the most prominent problem area for the regulations. It also probably helps that this is an issue where the AGs office clearly pushed back on, so there is some history/legacy behind this one issue as well. There isn't so much lore/legacy with most of the other aspects of CMR940, other then manufs shitting their pants over what they "think" the AG wants.

-Mike

 

[soam]

Yes, I do understand that and I have faith that they know what they're doing from a legal strategery standpoint. That said, I would have guessed the capriciousness would have been a solid point to attack on. Regardless, I'm glad Comm2A is on it and yes, I donate.

They basically are going after the capricious nature of the application of the LCI portion of the handgun regs.

The REGULATION at 940 CMR 16.05(3) is void as applied because the defendant
ATTORNEY GENERAL has proclaimed, without explanation or elaboration, that Gen3 and Gen4
Glock pistols which the CONSUMERS wish to purchase and which the DEALERS wish to sell,
lack an “effective load indicator” device

69.1. The defendant ATTORNEY GENERAL has not explained how or why she came to
that conclusion. Indeed, she refuses to provide any such explanation or guidance.

69.2. On the other hand, defendant ATTORNEY GENERAL has not objected to an array
of load indicator “devices” on various handguns lawfully sold throughout Massachusetts.
For example, defendant ATTORNEY GENERAL has not to the best of the PLAINTIFFS’ knowledge objected to any of the following handgun models or series of handgun
models on the EOPSS Approved Firearms Roster (Exhibit “1” attached hereto) for not
complying with the “load indicator” requirement:

 

[Smash05]

It is as solid a suit as I have seen. Good luck.

 

[PaulD]

They basically are going after the capricious nature of the application of the LCI portion of the handgun regs.

Thanks.

 

[GlockJock]

Donation to Comm 2A.........Done....

MONTHLY donations, via PayPal automatically...DONE...and have been, for quite some time!!

You?

If every MA gun owner gave monthly, say just the cost of 50 rounds of target .38s....
I shoot a few less rounds monthly and give generously. Please join me.

Maybe we'll raise enough to hire a Dershowitz-caliber Mega-Lawyer who would take on the ultimate challenge and try eliminate the "may issue" and suitability BS on all LTCs, remove "chief's discretion" entirely, and make us "Vermont south" or "Arizona NorthEast"...Hey, a guy can dream, can't he??

Point is, we have only one option here in MA, and it sure as hell ain't under the Golden Dome (evident by the dirtbag legislative circus/dog & pony show that led to scumball DeLeo's bill now being on "fast track".....)

 

[terraformer]

That said, I'm wondering why Comm2A didn't go after the AG regs in a broader way, like how the enforcement of them is so capricious.

There is a very good reason why we picked to litigate this issue in this way first. I realize there is some faith we ask of folks to not ask us to reveal the sausage making process too much, but when 80% of the judiciary we are bringing cases in front of are probably predisposed to rule against us, we need to box the state in to such a box that the only way out is through a win for us. Hightower (and later Reyes, Chardin and McGowan) was eye opening to us in just how far the judiciary would carry the water of our adversaries.

I designed Wesson to win, but even I didn't think the state would wave the white flag as readily as they did with the judge we pulled in that case. And I actually think that Stearns is one of the more stand up judges we will ever see. While he is likely not an ideological ally, so our case better be tight --Real tight-- but if it is, we will get a fair hearing in front of him. And we prevailed. As I believe we will here too.

 

[PaulD]

There is a very good reason why we picked to litigate this issue in this way first. I realize there is some faith we ask of folks to not ask us to reveal the sausage making process too much, but when 80% of the judiciary we are bringing cases in front of are probably predisposed to rule against us, we need to box the state in to such a box that the only way out is through a win for us. Hightower (and later Reyes, Chardin and McGowan) was eye opening to us in just how far the judiciary would carry the water of our adversaries.

I designed Wesson to win, but even I didn't think the state would wave the white flag as readily as they did with the judge we pulled in that case. And I actually think that Stearns is one of the more stand up judges we will ever see. While he is likely not an ideological ally, so our case better be tight --Real tight-- but if it is, we will get a fair hearing in front of him. And we prevailed. As I believe we will here too.

Thanks and I'll do my best to not let my curiosity get the better of my discretion on this subject (I find this stuff very interesting if it's not obvious).

Another side of me gets really pissed that the judges are so biased.

 

[M1911]

I am happy to see this- but why did Comm2A start in a Federal (National) Court?

The Mass constitution has the RKBA.

Because MA state judges, up to and including the Supreme Judicial Court, have seen fit to torture "logic" to the point of complete gibberish in order to uphold gun laws. Federal court judges, even in our district, are far more likely to respect SCOTUS decisions (specifically Heller and MacDonald).

To put it another way, the playing field in state court is not even remotely level.

 

[Blitz1]

They know what they're doing without a doubt.

 

[M1911]

That complaint is very nice bedtime reading. It makes me all warm and fuzzy to have Marsha tied directly to the word "vacuous" in permanent, public record.

 

[Rob Boudrie]

Because MA state judges, up to and including the Supreme Judicial Court, have seen fit to torture "logic" to the point of complete gibberish in order to uphold gun laws. Federal court judges, even in our district, are far more likely to respect SCOTUS decisions (specifically Heller and MacDonald).

To put it another way, the playing field in state court is not even remotely level.

The common term is "results driven judiciary", however I prefer marsupial as it is more concisely descriptive.

 

[OfficerObie59]

Oh, c'mon. I'm sure the fact that the LCI on the MA based company's SW99 is legal and the glock's is not is just pure coincidence.

In all seriousness, I would have loved to have seen a dormant commerce clause challenge here, but you would have to have some more evidence that this was an anti-competitive measure and not just misguided public safety policy.

That and you'd likely need a out-of-state gun manufacturer to join the suit in order to have standing. Me thinks that would cloud the suit too much and force the court to take their eye off the ball.

Great job by Alex on compliant, btw.