News  AG's Office Successfully Defends Law Banning Assault Weapons as Court Issues Favorable Decision in Capen and National Association for Gun Rights v. Campbell

BOSTON — The Massachusetts Attorney General’s Office has successfully defended the state’s assault weapons ban in Capen and National Association for Gun Rights v. Campbell, as the U.S. District Court for the District of Massachusetts yesterday denied the plaintiffs’ request to block the state’s ban on the sale and possession of assault weapons and large capacity ammunition magazines.

In this case, the plaintiffs, Joseph Capen and the National Association for Gun Rights, challenged Massachusetts’ law banning assault weapons and large-capacity magazines. They argued that this ban burdens their constitutional right to keep and bear arms under the Second and Fourteenth Amendments in light of the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen.

The Court denied that motion stating that the state’s ban on assault weapons and large capacity magazines is consistent with the nation’s historical tradition of limiting access to “dangerous and unusual weapons” given the lethal nature and destructiveness of assault weapons and their general lack of utility in self-defense.  

“Gun safety laws work, and they can be enforced consistent with public safety and the Second Amendment. This decision to uphold the state’s assault weapons ban is a significant win that will protect the public and continue Massachusetts’ leadership on gun violence prevention,” said AG Campbell. “I am proud of my team for defending our commonsense gun laws and my office will continue to use every tool available to strengthen these efforts.”

In February, AG Campbell filed a brief in opposition to the plaintiff’s motion, asserting that combat-style assault rifles and large-capacity magazines—the weapons and accessories of choice in America’s deadliest mass shootings—pose an inordinate risk to the safety of the public and law enforcement officers, with no meaningful utility for individual self-defense.

This matter was handled by Assistant Attorneys General Julie Green and Grace Gohlke, and Senior Paralegal Julie Collins, all of the AG’s Constitutional and Administrative Law Division. This Division protects the public interest by defending state statutes, regulations, policies, programs, and agency decisions against constitutional and other legal challenges in court.