DRAPER v. HEALEY

No. 15-1429.

827 F.3d 1 (2016)

Robert DRAPER; Ariel Weisberg; Donna Major; Eric Notkin; Robert Boudrie; Brent Carlton; Concord Armory, LLC; Precision Point Firearms, LLC; Second Amendment Foundation, Inc., Plaintiffs, Appellants, Commonwealth Second Amendment, Inc., Plaintiff, v. Maura HEALEY, in her capacity as Attorney General of Massachusetts, Defendant, Appellee.

United States Court of Appeals, First Circuit.

June 17, 2016.


Attorney(s) appearing for the Case

Alexander Aron Flig , with whom Law Office of Alexander A. Flig was on brief, Canton, MA, for appellants.

Julia Kobick , Assistant Attorney General, with whom Maura Healey , Attorney General of Massachusetts, was on brief, for appellee.

Kimberly A. Mottley , with whom John E. Roberts , Laura Stafford , and Proskauer Rose LLP were on brief, Boston, MA, for the Brady Center To Prevent Gun Violence, amicus curiae in support of appellee.

W. Daniel Deane , Manchester, NH, with whom David H. Tennant , Rochester, Lynnette Nogueras-Trummer , Buffalo, NY, Matthew Struhar , Washington, DC, and Nixon Peabody LLP were on brief, for the Law Center to Prevent Gun Violence, amicus curiae in support of affirmance.

Before Thompson, Circuit Judge, Souter, Associate Justice, and Kayatta, Circuit Judge.


A Massachusetts regulation makes it "an unfair or deceptive practice," and thus a violation of state law, "for a handgun-purveyor to transfer or offer to transfer to any customer located within the Commonwealth any handgun which does not contain a load indicator or magazine safety disconnect." 940 Mass. Code Regs. 16.05...

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