United States First Circuit

In a pre-enforcement action brought by firearms dealers, consumers and advocacy groups under 42 U.S.C. section 1983 challenging the constitutionality of a Massachusetts handgun regulation as being unenforceably vague in violation of Fourteenth Amendment due process, and a complementary claim that the regulation violates the Second Amendment by preventing them from purchasing third and fourth generations Glocks, the District Court's grant of the Government's motion to dismiss under Federal Rules of Civil Procedure 12(b)(1) and (6), is affirmed where: 1) the advocacy group lacks standing to sue; 2) the regulation is not vague; and 3) the consumer-plaintiffs' stipulation concedes that dismissal of the due process claim requires dismissal of the Second Amendment claim as well.

Appellate Information

• Published 2016/06/20

Judges

• SOUTER

Court

• United States First Circuit

Counsel