Posted on Friday, January 29th, 2016
Case Information: Draper v. Healey, No. 14-12471 (1st Cir. Brief Filed Jan. 29, 2016)
At Issue: This case involves a Second Amendment challenge to several handgun design safety regulations in Massachusetts, including a requirement that handguns be equipped with a “load indicator” so that users will know when a bullet is in the firing chamber. The challenged regulations were upheld in their entirety by the district court and the case is now on appeal with the First Circuit.
The Law Center’s Brief: Our brief argues that the challenged regulations are “presumptively lawful” conditions on the commercial sale of firearms (a category expressly recognized by the U.S. Supreme Court), which fall entirely outside the scope of the Second Amendment. We also explain the importance of design safety standards when it comes to preventing the thousands of unintentional shootings that occur in America every single year. Even if the challenged regulations do burden the Second Amendment, they easily satisfy intermediate scrutiny as they are substantially related to the important government interest of protecting public safety by reducing unintentional shootings.