Thanks folks for the kind words. So you know, I am terraformer on NES, the Operations Director of Comm2A and a Comm2A BOD member.
I am happy to answer your questions.
ch 140 §129D authorizes BWs to sell firearms (within the scope of other statutes covering FFLs) to recoup storage fees greater than 90 days in arrears. The BWs all do it slightly differently, but they all operate as or with FFLs in come capacity or another. There are some with storefronts and others who simply exist to operate as a BW.
in re the Takings Clause -- ch 140 §129D actually creates title to the firearm to the rightful owner so there is no "regulatory taking" (think recent Hackett v. EPA for example of regulatory taking) that occurs. There is a conversion of property to fees which is what our complaint deals with. It's a due process property issue.
Aguila, our plaintiffs weren't even drug dealers...
That's the amazing thing, cops can seize firearms simply by revoking people's licenses. See the Hightower case and frankly we have even more "huh?" examples of seizures by people who advocated their town managers were incompetent and should be fired, people who were political rivals of established local politicians, etc. It doesn't take much to seize guns here right now. But the Hightower case and some other cases we have brewing will curtail a lot of those abuses. These cases all fit a broader strategy and if you look closely, you will see how they all relate to each other as each one is filed (and yes, more are coming...
The guns in the BW are not evidence and in fact we have had people's charges dismissed when evidence ended up in the BW so this is not an issue of evidence storage. It's specifically prohibited by ch 140 §129D.
I want to thank all of you who are supporting our cause here in MA. We can't do it without you. BTW: For those in other parts of the country, I know it sounds cliche but the local and national groups fighting these battles are helping to prevent these laws from showing up on your shores. So at a minimum please consider donating to SAF but also consider donating locally to orgs like ISRA, CGF, Comm2A and others.
I can say for us that we are a labor of love and all of the money we take in goes back out in the form of lawyer's fees sans operating expenses. We have no paid employees and are strictly volunteer. You can learn more at http://www.comm2a.org/