Today is Friday, August 29, 2014rss RSS feed

Attorney General unwilling to interpret her own regulations.

Loaded Chamber Indicator

Loaded Chamber Indicator

Commonwealth Second Amendment

Commonwealth Second Amendment

NATICK, MA --(Ammoland.com)- On Wednesday June 11th 2014, Commonwealth Second Amendment (Comm2A), The Second Amendment Foundation (SAF), six consumer plaintiffs and two commercial plaintiffs filed suit in federal district court against Massachusetts Attorney General Martha Coakley seeking a preliminary injunction barring enforcement of the Attorney Generals ‘safe‘ handgun regulations.

At issue is a requirement that handguns sold by Massachusetts dealers have a ‘load indicator‘.   According to the AG’s Regulations: “‘Load indicator’ shall mean a device which plainly indicates that a cartridge is in the firing chamber within the handgun.”

The lawsuit asserts that the regulation is “unconstitutionally vague and ambiguous” because it does not define what this device is, or what it is intended to do.

Plaintiffs in the lawsuit include individuals who wish to purchase Glock pistols and retail dealers who want to sell the firearms. However, enforcement of the regulation is arbitrary because there are no specifics about the device required by the regulation.  Each of the plaintiffs has sought guidance from the Attorney General who refuses to interpret her own regulation other than to declare that a Glock handguns lack an “effective” load indicator.

“It’s clear that the arbitrary enforcement of the regulation is aimed squarely at Glock handguns which the Attorney General has likened to so-called ‘Saturday night specials‘”, said Comm2A President Brent Carlton. “How can a dealer determine what is and is not an “effective” load indicator when the regulation fails to specify how the device is supposed to function and the Attorney General refuses interpret her own regulation.”

Adding to the dilemma, according to the lawsuit, is the fact that the 3rd and 4th generation Glock pistols at the center of the dispute have an extractor-based load indicator that reveals at a glance whether there is a cartridge in the chamber. This is virtually identical to extractor-based load indicators on competing pistols from other manufacturers, all of which are legal in Massachusetts.

The Attorney General should be willing and able to provide guidance to law abiding citizens and business owners in the Commonwealth who are seeking information just to stay within the scope of the law. It is clearly unfair to place the burden on the people to test what “effective” means through being prosecuted by the Attorney General. It is unfortunate that the Plaintiffs are not able to get information except through a lawsuit.

Read the Complaint and Motion for Preliminary Injunction.

Commonwealth Second Amendment (www.comm2a.org) is a Massachusetts based 051(c)(3) non-profit dedicated to preserving and expanding the rights of gun owners in the northeast. Comm2A is dedicated to promoting a better understanding of rights guaranteed by the Second Amendment to the United States Constitution. In addition to legal action projects the organization’s activities include educational programs designed to promote a better understanding of Massachusetts and Federal firearms laws and rights as well as programs to defend and protect the civil rights of Massachusetts gun owners.

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

  • 2 User comments to “Comm2A Files Suit Against Massachusetts Attorney General Martha Coakley”

    1. Edward J. Palumbo on June 12, 2014 at 1:27 PM said:

      Load indicator? Why not require an idiot alarm? EVERY firearm is loaded until proven otherwise, and they should always be treated as loaded. How many features are required to support the common sense and thought process that eliminates error? We have roll-engraved messages on firearms to tell us to “Read the Owner’s Manual”, and I’m sure a lawyer thought of that. Why not place a voice chip in an automobile that advises us to check to the rear when we put the gearshift in reverse? Perhaps all bicycles should be equipped with OSHA-approved roll-over protection. You cannot replace “training” and safety-orientation with these measures. If we can’t produce a “safe” automobile or motorcycle, I can only wonder how we can develop safe firearms. Safety lies between the left and right ear of those who use the equipment.

    2. Demanding special safety “features” does nothing but limit firearm choices. That’s the whole idea.

    Leave a Comment

    • Sign up Ammoland for your Inbox

      Daily Digest

      Monthly Newsletter

    • Recent Comments

      • TEX: States like NH,CT,NY,RI,NJ,etc. can have all the tyranny they want. At least these states are last places in the...
      • Eric: Self defense has no sporting clause , yet ATF wants to disarm law abiding citizens , why do you think. So you...
      • TEX: There aint to racism to this,..snoop dog is a nigg*r !
      • Eric: For travel to evil states that allow out of state carriers with reciprocal agreements with that piece of paper...
      • Eric: Obama and the Feds need to deport the illegals , enforce the law as written , Either change marijuana to sched...
    • Social Activity

    • Most Popular Posts

    • AmmoLand Poll

    Copyright 2014 AmmoLand.com Shooting Sports News | Sitemap | Μολὼν λαβέ
    13611512
    14208448