Joe, I don't recall if it was Harshbarger or Reilly but one of the two AGs that nailed Midway and others (products shipped to minors, no adult signature required, etc.) and got them to sign "consent decrees" promising NEVER to ship certain classes of items into MA. That's a "contract" and enforceable in civil court, so yes if 10 years later they violated it they would automatically lose in court and be subject to "damages" to the state.
MA does not recognize the Commerce Clause or anything else in Fed Law that doesn't suit their purposes. Getting sued in a "foreign" state (where you don't know the rules/regs/laws) and hiring competent counsel is costly, so when "offered a deal" by the AG, it's easy to make that choice.
MA contends that you need a MA Ammo Dealer's License (state permit, issued by a local police chief) in order to sell ammo into MA (violation of Commerce Clause). At one time (number of years ago) Ron Glidden told me that a specific police chief in MA was willing to issue said licenses to non-MA companies wishing to obtain it. I did pass that info on to a few of these companies that had suddenly stopped shipping to MA, but none were interested in pursuing it. In more recent years, I have seen (unsure if it was Email or printed somewhere) where EOPS has "determined" (another interpretation
![Roll Eyes [rolleyes] [rolleyes]](/xen/styles/default/xenforo/smilies.vb/042.gif)
) that ALL dealers who sell ammo/components in MA MUST obtain a separate MA Ammo Dealer's License for EACH CITY/TOWN they do business in!!!!!!! The implication of this would be a MA Dealer who works the gun show circuit (Marlboro, Big E, Wilmington, Plymouth, etc.) would have to get said license from each of these towns PLUS the one in the town they have their brick & mortar store in! Totally absurd and I guarantee you that no dealer has done this! [But the intimidation factor of such "interpretations" has the desired effect of shutting down many/most out of state dealers from ever thinking about doing business in MA! This is why Midway responded like they did . . . they've been told that to sell in MA essentially they would have to get said licenses in up to 351 cities/towns . . . many would refuse to issue it and it costs $100/pop!]