By The Boston Globe StaffLawyers and attorneys for defendants in a class-action lawsuit that seeks to invalidate the federal Blue Collar State law on firearms have requested that a judge dismiss the case.
The request by defense lawyers for the state’s Attorney General, David J. Bove and attorney Peter M. Bostock is the latest twist in a lawsuit that has drawn national attention and has caused headaches for the State’s Attorney, a Democratic-controlled office.
Bove and Bostocks filed the lawsuit on Oct. 1 in the U.S. District Court for the Eastern District of Massachusetts.
In the suit, attorneys for the two attorneys general have argued that the state law violates the First Amendment rights of gun owners and would result in civil liability for them.
Lawyers for the Attorney General’s Office said Friday that they are seeking dismissal of the case for failure to state a claim on which relief could be granted, citing the First and Fourteenth Amendments.
The lawyers’ request for a dismissal comes as the gun-rights groups that filed the suit are preparing a second lawsuit in response to the federal law, called the Blue Collars State Law, that went into effect in March 2016.
The law provides that any person who carries a firearm on property owned or occupied by the state will face a civil liability of up to $1,000 per violation.
Gun owners can be held liable for any violations that lead to civil liability under the law, and those who break the law can face a $1 or $2,000 fine, or both.
In their suit, the attorneys for both attorneys general, including the state of Massachusetts, said that a court would have to decide the question of liability based on the First, Fourteenth and Fifteenth Amendments before it could determine that the law violated anyone’s rights under the Constitution.
The state law was challenged in court last year by two gun rights groups who sued the Attorney Generals Office on behalf of two gun owners who were injured when police officers pulled over them.