If you enjoy the forum please consider supporting it by signing up for a NES Membership The benefits pay for the membership many times over.
The AG has taken the position that a mail order sale takes place at the point of handoff to the end buyer, not the point of transfer to the common carrier.
CYA - you bet. Unreasonable? If you think so, offer the dealer an indemnification contract agreeing to pay all legal fees and fines, if any, incurred as a result of shipping to you, plus lost income if the shop's license to sell ammo or guns is pulled.
Here, assuming the AG's understanding of "where" is upheld by the courts: Every license shall specify the street and number, if any, of the building where the business is to be carried on.
Not quite. The decision says (rightly) that only Congress can make those decisions. And Congress didn't make that particular decision when writing the law. The executive branch can't add their own conditions to appropriations.
What if a strip club brought the case claiming content based censorship in violation of the 1st Amendment?
They would lose, 9-0. It's not viewpoint discrimination to decline to subsidize a particular industry.
Courts have held that certain actions are in fact speech and thus protected. Even video, which is not "speech", retain strict scrutiny protection.
Of course certain actions are expressive and are protected under the First Amendment. But there are different standards for government subsidization of speech, as opposed to government cracking down on disfavored speech or speakers, or discriminating between opposing viewpoints.
Excellent point. Ditto for any other propaganda arm.
Is her position WRT mail order ammo based on state law? Is there a state law passed by by both chambers and signed by gubbemner prohibiting the order of ammo from free states? I am not being sarcastic and have reviewed your responses above. So based on your 5th point, Healey et al simply can say, "because I say so"?
From the perspective of scaring dealers into doing as she says, absolutely yes.
She claims there is. It is based on the theory that the sale takes place at the location where the common carrier delivers the merchandise, not where it is delivered to the common carrier - and thus it is an "in MA sale" requiring an MA dealer's license for the location at which the ammo is received.
Rob is correct here... I just want to add, the reason she's dangerous to dealers is, Massachusetts has a catch-all "consumer protection law" called Chapter 93A. This law has been interpreted to allow the AG to undertake "enforcement actions" if she believes a business that caters to the public is violating state law.
Which makes her a manipulative tyrant
Also, some ammo dealers look at the billing address of the credit card. If your CC says Massachusetts but you want to ship to Maine they will not ship. Many don't care and will ship but some are afraid of Chainsaw Healey.
I have a lot of respect for dealers who will say "Yup, I know that's not illegal, but I don't feel comfortable operating at that point on the risk/reward curve, especially since the risk is mine and not yours" but very little for dealers who say "that is illegal" when such is not the case.
The fact that the buyer knows exactly what they are getting and want it is not a defense to an "unfair and deceptive trade practice" charge from the AGs office. Under the law, a dealer selling a new Glock to a Glock certified armorer is being "unfair and deceptive" to that buyer.
It's worse than that. The business does not have to be violating any specific state law, but being "unfair" and "deceptive" which means exactly what the AG says it means.
True. And the MA marsupial courts defer the AG to interpret the term "unfair or deceptive" according to her own standards.
It doesn't work that way. It's done with a wink and a nod, but much less so with the federal courts than the state ones. The general feeling regarding most gun cases in MA courts is an all-knowing glance between the judge and the state's attorney that communicates "we both know we are wasting our time here, the fix is in".
we can only hope, maybe the sheeple will wake up but I highly doubt it. When I see these sheeple wearing masks as they're walking/running and bicycle riding I just shake my head. I actually saw a guy on a Harley wearing one recently. I just saw people driving cars wearing masks inside their own cars. WTF?
Correct, I've been watching our rights be eroded by the left since the 90's. I know they're tactics because I used to be one. Like I've said before they have the media which is a HUGE advantage, just look at rabid attacks on the Trump Admin. They can lie, cheat and steal and get away with it because they can write the narrative that reaches the sheeple.
