Draper v. Healey, No. 15-1429 (1st Cir. 2016)Annotate this Case
It is a violation of Massachusetts state law for a handgun-purveyor to transfer to customers any handgun “which does not contain a load indicator or magazine safety disconnect.” When the Attorney General (AG) informed firearms dealers and consumers that Glock, Inc.’s third and fourth generations pistols lacked an adequate load indicator, some dealers and consumers, joined by two advocacy groups, challenged the constitutionality of the load indicator requirement of the Massachusetts regulation. The district court granted the AG’s motion to dismiss, concluding that the dealers and consumers failed to state a claim for relief and that the two advocacy groups lacked standing. The First Circuit affirmed, holding (1) the load indicator requirement was not unconstitutionally vague, and dismissal of the due process claim required dismissal of the consumers’ Second Amendment claim; and (2) the advocacy groups lacked standing to sue.