Thursday, June 30, 2016

Load Indicator Law in Massachusetts Did Not Violate Due Process

A due process challenge led by gun groups, dealers, and consumers against a new Massachusetts gun law requiring “load indicators” fails. 

Draper v. Healey, 2016 BL 194313, 1st Cir., No. 15-1429, 6/17/16.

    In a First Circuit opinion, the court found that a due process challenge against a new Massachusetts gun regulation fails because the plaintiffs was unsuccessful in showing any injury and because there was sufficient notice of the law and its requirements.

   The court first found that some of the plaintiffs lacked standing, including groups and associations from out of the state that did not have any members in Massachusetts. The next group, gun dealers, had fair notice of the law’s requirements from the state, which the court held to be sufficient, noting that blueprints or specific plans are not necessary to create notice. Finally, gun consumers did not have standing because the court found their claim of having standing derive from gun dealers was not sufficient if the gun dealer’s claim did not succeed.

http://www.bloomberglaw.com/public/document/Draper_v_Healey_No_151429_2016_BL_194313_1st_Cir_June_17_2016_Cou.

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