60. The subsequently issued notices have added to the uncertainties facing retailers when deciding what firearms they may lawfully sell. One “Questions & Answers” notice, appearing at Exhibit H, states on page 1 that the Enforcement Notice controls in the event of any discrepancies between it and the Questions & Answers. These notices create confusion because there are a large number of models of .22 caliber rimfire semiautomatic rifles manufactured and sold by many manufacturers, including the Nordic NC-22LR, the CMMG MK4 T 22LR, a Smith and Wesson M&P 15-22, the DPMS Bull Barrel 22 LR and the DPMS AP4 22 LR. Although these would be prohibited under the new definition of “copy” appearing in the Enforcement Notice, which bans copies of any caliber, the later issued “Guns That Are Not Assault Weapons” notice states that they are not banned. 61. Simply put, the Office of the Attorney General is making ad hoc decisions untethered to the statute that constrains her lawful authority. 62. Retailers also face uncertainties with firearms such as the MK 14 EBR which appear to be allowed under the subsequently issued “Guns that Are Not Assault Weapons” notice. That firearm would not pass the substantially similar or interchangeability tests issued under the Enforcement Notice. 63. The Attorney General’s Office does not even know exactly what the Enforcement Notice means. After the Office of the Attorney General issued the Enforcement Notice, Christine Noyes from Grrr! Gear, Inc. contacted the Attorney General’s Office at the telephone number provided on the Office’s announcement to receive guidance on whether certain Ruger firearms constituted “copies” of assault weapons and would be prohibited. After speaking to the person at the office, the Attorney General’s office informed her that they did not know the answer, and they did not have a list of what would be prohibited assault weapons. Instead, the Office also Case 4:16-cv-40136 Document 1 Filed 09/22/16 Page 15 of 22 16 informed Ms. Noyes that her store should use “its best judgment” in deciding which firearms fell under the term “copies or duplicates.” 64. Representatives from Pullman Arms also contacted the Attorney General’s office to ask questions concerning the scope of the Enforcement Notice, and they were also told to use their best judgment. 65. Guns and Gear, LLC has sold IWI Tavor model rifles in the past but does not sell them now out of fear of being prosecuted. 66. Paper City Firearms, LLC has sold .22 caliber rimfire AR-15 style rifles in the past but does not sell them now out of fear of being prosecuted. 67. Grrr! Gear, Inc. has sold Smith and Wesson M&P 15-22 rifles in the past, but does not sell them now out of fear of being prosecuted. 68. Pullman Arms Inc., has sold IWI Tavor model rifles, Smith and Wesson M&P 15- 22 rifles, and the FN PS90 rifles in the past but does not now sell them now out of fear of being prosecuted.
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