Challenge to the Massachusetts law banning possession of so-called ‘assault weapons’ and ‘high-capacity’ magazines.

United States District Court — District of Massachusetts (Boston)

Filed: January 23, 2017

Status:  Petition for writ of certiorari denied by the US Supreme Court on June 15, 2020

The  petition for certiorari was denied on June 15, 2020 (19-404) along with nine other Second Amendment related petitions.  It appears that the court has not interest in revisiting these issues in the near future. 

Worman v. Baker is a direct challenge to the constitutionality of MGL Ch. 140 §131M which bans “the sale, transfer or possess of an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994“.  The lawsuit also challenges the constitutionality of the Attorney General’s July 20, 2016 Notice of Enforcement which rather than clarifying the statute, created more doubt and uncertainty about what firearms are and are not legal to possess in Massachusetts.  

 The complaint make three allegations:  

1. That the Massachusetts Assault Weapons Ban is unconstitutional because it bans the possession of an entire class of ‘arms’ that are in common use by law-abiding adult citizens in violation of the Supreme Court’s decision in DC v. Heller.
2. That the Attorney General’s July 20, 2016 Notice of Enforcement is unconstitutional because it amounts to an ex post facto enlargement of an existing criminal statute. 
3. That the term “copies or duplicates” is unconstitutionally vague because law-abiding citizens of average intelligence are not aware of what conduct is prohibited.

Pullman Arms v. Healey is a related action  brought by the National Shooting Sports Foundation and several commercial plaintiffs.  Comm2A is not a participant in this action.  Unlike our suit which challenges the constitutionality of the Massachusetts Assault Weapons Ban, the Pullman Arms challenge is limited to Attorney General’s interpretation of the Massachusetts Assault Weapons Ban.

History/Schedule:

US Supreme Court

• 12/06/2019 — Brief of respondent
• 09/23/2019 — Petition for writ of certiorari (19-404)

First Circuit:

• 04/26/2019 — Opinion of the First Circuit
• 01/09/2019 — Oral Argument Audio  Court of Appeals, First Circuit
• 12/19/2018 — Notice of Supplemental Authority (Appellees) 
• 11/19/2018 — Reply Brief of Appellants
• 12/11/2018 — Amicus Brief – Stop Handgun Violence, et. al.
• 12/04/2018 — Amicus Brief – Jewish Alliance for Law and Social Action, et. al. (afrim)
• 11/13/2018 — Amicus Brief – New Jersey, et. al. (afirm)
• 11/13/2018 — Amicus Brief – Everytown for Gun Safety (afirm)
• 11/13/2018 — Amicus Brief – Brady Center  (afirm)
• 11/12/2018 — Amicus Brief – MCOPA, et. al. (afirm)
• 11/05/2018 — Brief of Appellees
• 09/28/2018 — Amicus Brief – Giffords Law Center (afirm) 
• 09/20/2018 — Amicus Brief – Western States Sheriffs, et. al (reverse)
• 09/17/2018 — Amicus Brief – Cato Institute, et. al. (reverse)
• 08/22/2018 — Brief of Appellants 

District Court:

• 06/11/2018 — Notice of Appeal
• 05/09/2018 — Order denying Motion to Alter or Amend the Judgment
• 05/02/2018 — Plaintiffs’ Motion to Amend or Alter Judgement
• 04/06/2018 — Order granting summary judgement for defendants  
• 02/09/2018 — Motions hearing
• 01/26/2017 — Notice of Related Case filed by Defendants 
• 01/23/2017 — Complaint

Supreme Court of the United States:

• 06/15/2020 — Petition for writ of certiorari denied.