groundscrapers
NES Member
Fresh off the press from the NSSF
Pullman Arms et al. v. Attorney General Healey Case Description Along with four retail stores, including Pullman Arms, Grrr! Gear, Guns and Gear and Paper City Firearms, the National Shooting Sports Foundation brought an action in federal court in 2016 challenging Attorney General Healey’s Enforcement Notice because it was too vague to apply to various firearms listed in the complaint. The plaintiffs have prevailed and reached a favorable settlement after multiple efforts to dismiss or delay the case. The Attorney General’s office initially sought to dismiss the case in its entirety, and the Court issued a decision on March, 2018 which allowed the case to proceed. In its order, the Court decided that the plaintiffs could not bring a facial vagueness challenge to the notice, meaning that the potential relief would be limited only to whether the notice was too vague to apply to the firearms listed in the complaint. The Attorney General’s office appealed that order and decision to the First Circuit which summarily dismissed the appeal at oral argument. In early 2019, the Attorney General’s office then tried to stay the case to put it on hold while a state court case challenging the notice proceeded. The plaintiffs successfully opposed that motion, which the court denied. After all of these efforts, the Court allowed discovery to proceed beginning this spring, and the Attorney General finally indicated in response to discovery requests that the firearms listed in the complaint were not so-called “assault weapons.” After several discussions, the Office agreed to amend the notice to clarify that the firearms listed in the complaint were not assault weapons, providing the plaintiffs the relief they sought. Because this is all the relief they could have obtained through a court order, the plaintiffs decided to end the case rather than continuing to seek what the AG had already agreed to do.
Pullman Arms et al. v. Attorney General Healey Case Description Along with four retail stores, including Pullman Arms, Grrr! Gear, Guns and Gear and Paper City Firearms, the National Shooting Sports Foundation brought an action in federal court in 2016 challenging Attorney General Healey’s Enforcement Notice because it was too vague to apply to various firearms listed in the complaint. The plaintiffs have prevailed and reached a favorable settlement after multiple efforts to dismiss or delay the case. The Attorney General’s office initially sought to dismiss the case in its entirety, and the Court issued a decision on March, 2018 which allowed the case to proceed. In its order, the Court decided that the plaintiffs could not bring a facial vagueness challenge to the notice, meaning that the potential relief would be limited only to whether the notice was too vague to apply to the firearms listed in the complaint. The Attorney General’s office appealed that order and decision to the First Circuit which summarily dismissed the appeal at oral argument. In early 2019, the Attorney General’s office then tried to stay the case to put it on hold while a state court case challenging the notice proceeded. The plaintiffs successfully opposed that motion, which the court denied. After all of these efforts, the Court allowed discovery to proceed beginning this spring, and the Attorney General finally indicated in response to discovery requests that the firearms listed in the complaint were not so-called “assault weapons.” After several discussions, the Office agreed to amend the notice to clarify that the firearms listed in the complaint were not assault weapons, providing the plaintiffs the relief they sought. Because this is all the relief they could have obtained through a court order, the plaintiffs decided to end the case rather than continuing to seek what the AG had already agreed to do.