Ask the Committee to Make a Ruling !!!
.
Ask the Joint Committee on Public Safety and Homeland Security AND the Joint Committee on the Judiciary members to convene a hearing and issue its "interpretation" of the AG's authority under Ch 93 A and make a ruling that her actions were not within the bounds of her authority. Do EXACTLY to her what she did to them (us).
Dear Senator / Representative,
Please convene a hearing regarding AG Healey's actions
I am requesting that as Chair of the Judiciary Committee your Committee issue its "interpretation" of the AG's authority under Ch 93 A and make a ruling that her actions were not within the bounds of her authority.
I was looking at MA 93A Section2, which is what Healey thinly used to make her "interpretation" to created new de facto firearms law. It also references and defines her authority based on U.S. Code § 45(a)(1). It seems to me like the overarching purpose of both is to
protect consumers against unfair competition and deceptive business practices.
If so, it goes to reason that the AG's actions have nothing to do with protecting consumers against unfair competition and deception. In fact her actions had the opposite intent and material effect. She
prevented consumers from obtaining long-standing legal firearms.
Looking at (n) it seems to reinforce any change to law as having to demonstrate "substantial injury to consumers". It also indicates consideration for established public policies (i.e., 18 years of the rule and enforcement of written law) as evidence.
All this clearly indicates to me that the AG acted outside the bounds of her granted authority, and should simply be "clarified" and ruled by your Committee as being so. No new bill should even be needed!
Thanks,
xxxxxxxx
MA: Chapter 93A Section 2
Section 2. (a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.
(b) It is the intent of the legislature that in construing paragraph (a) of this section in actions brought under sections four, nine and eleven, the courts will be guided by the interpretations given by the Federal Trade Commission and the Federal Courts to section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), as from time to time amended.
(c) The attorney general may make rules and regulations interpreting the provisions of subsection 2(a) of this chapter. Such rules and regulations shall not be inconsistent with the rules, regulations and decisions of the Federal Trade Commission and the Federal Courts interpreting the provisions of 15 U.S.C. 45(a)(1) (The Federal Trade Commission Act), as from time to time amended.
U.S. Code § 45 - Unfair methods of competition unlawful; prevention by Commission
(a) Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade
(1) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.
(n) Standard of proof; public policy considerations
The Commission shall have no authority under this section or section 57a of this title to declare unlawful an act or practice on the grounds that such act or practice is unfair unless the act or practice causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition. In determining whether an act or practice is unfair, the Commission may consider established public policies as evidence to be considered with all other evidence. Such public policy considerations may not serve as a primary basis for such determination.
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https://malegislature.gov/Committees/Joint/J22
Joint Committee on Public Safety and Homeland Security
It shall be the duty of the committee on Public Safety and Homeland Security to consider all matters concerning laws relating to shipping or otherwise transporting energy sources, the safety of the public, including civil defense, firearms and gun control, fire laws, motor vehicle laws, motor vehicle safety belts (including school buses), the correction system including administration, prisoners’ rights, furloughs, work release, probation, rehabilitation, homeland or Commonwealth security matters, other matters related to federal affairs, including, but not limited to, the prevention of terrorist attacks, the reduction of the vulnerability to terrorism; the minimizing of the damage and recovery from possible attacks that may occur, and the coordination of homeland security related activities of the Commonwealth with those of the Federal Government, including certain confidential and guarded information and such other matters as may be referred.
Senate Members
Senate Chair
James E. Timilty
Senate Vice Chair
Michael O. Moore
Members
Sonia Chang-Diaz
Jennifer L. Flanagan
James T. Welch
Richard J. Ross
House Members
House Chair
Harold P. Naughton, Jr.
House Vice Chair
Linda Dean Campbell
Members
Bruce J. Ayers
James M. Cantwell
James J. Dwyer
Paul R. Heroux
Alan Silvia
Rady Mom
Paul Tucker
David T. Vieira
Timothy R. Whelan
