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GUN OWNERS' ACTION LEAGUE, INC. v. SWIFT

No. 00-2357.

284 F.3d 198 (2002)

GUN OWNERS' ACTION LEAGUE, INC.; Outdoor Message Cooperative, Inc.; Massachusetts Sportsmen's Junior Conservation Camp Inc.; A.G. Guns & Ammo, Inc.; Mark Cohen; John Doe II; James F. Gettens; Dana H. Crowe; Lori Crowe; Brian E. Dunn; John P. Hearson; Tom Laroche; Ann D. Laroche; Robert L. Walter; John Doe I; Goal Foundation, Inc., Plaintiffs, Appellants, v. Jane SWIFT, Acting Governor, Commonwealth of Massachusetts; Thomas F. Reilly, Attorney General, Commonwealth of Massachusetts; John Difava, Colonel, Massachusetts State Police; Martha Coakley, District Attorney, Middlesex County, MA; Edward Davis, Superintendent, Police Department, Lowell, MA, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 25, 2002.

Attorney(s) appearing for the Case

Stephen P. Halbrook, with whom Edward F. George, Jr. was on brief for appellants.

Edward J. DeAngelo, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General of Massachusetts, and Adam Simms, Assistant Attorney General, were on brief for appellees.

Edward L. Morris on brief for appellee Edward Davis.

Michael Paris, Benjamin S. Albert, Randall E. Ravitz, and Brown Rudnick Freed & Gesmer, on consolidated brief for The Center to Prevent Handgun Violence, the International Brotherhood of Police Officers, the American Academy of Child and Adolescent Psychiatry, the American Association of Suicidology, the American Medical Student Association, the American Public Health Association, the Massachusetts Brain Injury Association, and Stop Handgun Violence, Inc., amici curiae.

Before TORRUELLA and LIPEZ, Circuit Judges, and ZOBEL, District Judge.

LIPEZ, Circuit Judge.

This case requires us to consider the constitutionality of "An Act Relative to Gun Control in the Commonwealth," a law that placed new restrictions on guns classified as "Large Capacity Weapons," and increased the penalties for unlicensed possession. 1998 Mass. Acts ch. 180, §§ 1-80 (codified in Mass. Gen. Laws ch. 140 et seq.) ("Act"). Plaintiffs allege that the Act is unconstitutional because of the vagueness of important definitions...

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