Judge Leibensperger denied Glock’s motion to set aside a civil-investigative demand (CID) issued by Attorney General Maura Healy. The AG issued the CID under G.L. c. 93A, 6, as part of her investigation into Glock’s compliance with Massachusetts laws bearing on gun safety and product warranties. According to the AG, there have been reported safety issues with Glock handguns, including the risk of accidental discharge.
Glock moved to set aside the CID because Glock does not sell its handguns directly to Massachusetts consumers. Judge Leibensperger rejected Glock’s argument as “fundamentally flawed.” He noted that Glock sells its handguns to Massachusetts law-enforcement agencies, Massachusetts military personnel, and Massachusetts firearm wholesalers. An uncontroverted affidavit filed with the BLS indicated that there were approximately 10,800 Glock handgun sales in Massachusetts between January 1, 2014 and August 13, 2015.
“Regardless of who owns the pistols,” Judge Leibensperger ruled, “if the pistols are unsafe, defective, or breach a warranty of merchantability, there may be a c. 93A violation by Glock, the manufacturer who put the product into the stream of commerce.”
The court also rejected Glock’s argument that the AG was acting based on political motives or “animus toward guns.”
In re Civil Investigative Demand No. 2016-CPD-50 Issued by the Office of the Attorney General
October 28, 2016
Full decision here.
- Senior Editor, Co-Chair, Business Litigation Practice Group