Republican Massachusetts governor's shutdown EO now doesn't exempt firearm dealers

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Republican Massachusetts governor's shutdown EO now doesn't exempt firearm dealers

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Edited due to the governor changing the policy.
Charlie Baker adds the gun industry to list of essential businesses allowed to stay open in Massachusetts
However, directly not mentioned by Baker or the subsequent press release Tuesday was another addition to the list: The gun industry.

“Workers supporting the operation of firearm or ammunition product manufacturers, importers, and distributors,” reads one of the categories in the updated list of essential services.

The additions had also briefly included gun retailers and shooting ranges when it was originally released Tuesday afternoon, matching up identically with updated federal guidelines released Saturday by President Donald Trump’s administration advising states on what sectors are “ensuring continuity of functions critical to public health and safety.” As the Wall Street Journal reported Monday, states like New Jersey and Pennsylvania have reversed course and allowed gun stores to stay open amid orders for nonessential business to close.
https://twitter.com/MassAGO/status/1245 ... 42626?s=20
Maura Healey
@MassAGO
Gun shops and shooting ranges are NOT essential businesses during a public health emergency. We cannot undermine the safety of our police officers, first responders, and domestic violence victims.
NSSF: MA Gov Opens, Then Closes ‘Essential Critical’ Gun Retail
U.S.A. -(AmmoLand.com)- Massachusetts Gov. Charlie Baker closed federally licensed firearm dealers after briefly listing them open as “essential” services. The move effectively denies Massachusetts residents of their Second Amendment civil rights, under the guise of emergency health orders.

Gov. Baker quietly updated the Bay State's COVID-19 guidance to mirror the updated guidance published by the Department of Homeland Security, listing firearm manufacturing, distribution and retailers as “essential critical infrastructure” that should remain open during the coronavirus pandemic. The National Shooting Sports Foundation® (NSSF®), the trade association for the firearm and ammunition industry, alerted Massachusetts member retailers of the updated state guidance. Just hours later though, Gov. Baker reversed course, ordering firearm retailers closed. The language that originally included firearm retailers and ranges was struck and no longer appears on the guidance.

When NSSF inquired about the reversal, the answer received was “to keep as many people home as possible.” That doesn't align with other businesses allowed to remain open in Massachusetts as essential. Gov. Baker's order keeps liquor stores open yet denies law-abiding citizens the ability to lawfully purchase firearms for self-protection, a Constitutionally-protected individual civil right.

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Re: Republican Massachusetts governor's shutdown EO now doesn't exempt firearm dealers

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Gun shops, including one in Middleboro, defy Baker’s coronavirus restrictions
“Of course we never closed,” said John Costa, owner of The Gunrunner, a mom and pop gun shop on Route 28 in Middleboro. “The government can go pound tar. We are essential. We have every right to protect our citizens. We have every right to give them what we need to protect themselves.”

Costa said The Gunrunner store he operates with his wife in Middleboro is one of several around the state that have defied Baker’s order requiring businesses considered nonessential to close down. Reached on Wednesday at his shop, which was open throughout the day, Costa said thus far he’s not been approached by any local or state authorities trying to force him to close the store.

“They’d have to drag me out in chains,” said Costa, a Navy veteran, who’s owned The Gunrunner for seven years. “That’s what they’re going to have to do.”

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Re: Republican Massachusetts governor's shutdown EO now doesn't exempt firearm dealers

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Eight days ago Healey tweeted "No state should use this crisis to push an ideological agenda."

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Re: Republican Massachusetts governor's shutdown EO now doesn't exempt firearm dealers

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I just had to see my doctor for about a tick bite. on the way home I drove past a building that houses our best local bike shop and a small firearms dealer named, dumbly IMO, Tacticool Firearms. The bike shop was closed but Tacticool had the open sign lit up. I think it's dumb. If you don't have what you *think* you need already it's too late. I bet the rip-offs on AR's right now are epic! Pandemic profiteering. The American way!
"You can not consume happiness."
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Re: Republican Massachusetts governor's shutdown EO now doesn't exempt firearm dealers

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https://goal.org/discrimination-from-ba ... 19-crisis/
Our nation, and state, now struggles through the new world of fighting a pandemic virus (Covid-19) in ways we never have. During this crisis we have been advised to use a number of precautions to help prevent a devastating spread of the virus. Through these efforts, we should all be able to appreciate how difficult it is to make decisions during such a severe public health crisis. What we cannot appreciate, nor should we tolerate, is discrimination when it becomes part of those decisions. Especially when those actions negatively affect the ability to exercise an enumerated Constitutional right!
Within, perhaps, an hour after notifying our members the Baker Administration edited their list by specifically removing firearm retailers and shooting ranges. When the Governor’s office was queried about the sudden change, we were given the standard answer about protecting people against the virus. The real reason is obvious, more discrimination against our community.
However, knowing the upcoming burden on law enforcement during the virus fight, GOAL approached the state to put an emergency order in place. This would have extended all licenses without the need for applying thus freeing up law enforcement for the interim. Similar orders have been given for nearly all licenses issued by the state. That request was denied. More discrimination.

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Re: Republican Massachusetts governor's shutdown EO now doesn't exempt firearm dealers

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McCarthy v. Baker.
https://d3n8a8pro7vhmx.cloudfront.net/f ... plaint.pdf
1. This lawsuit challenges the Defendants’ acts of eliminating all lawful channels of
access to constitutionally protected arms and ammunition by mandating the closure of all
businesses that sell firearms and ammunition to the consumer public. These actions amount to a
ban on obtaining modern arms for personal defense in the Commonwealth of Massachusetts.

2. The Plaintiffs bringing this action do not mean to minimize the severity or
urgency of the coronavirus pandemic. The exigencies surrounding this viral pandemic both
justify and necessitate changes in the manner in which people live their lives and conduct their
daily business. However, this emergency—like any other emergency—has its constitutional
limits. It would not justify a prior restraint on speech, nor a suspension of the right to vote. Just
the same, it does not justify a ban on obtaining guns and ammunition. The declaratory and
injunctive relief that Plaintiffs have been forced to seek in this action is necessary to uphold this
bedrock principle of constitutional rights and the rule of law

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Re: Republican Massachusetts governor's shutdown EO now doesn't exempt firearm dealers

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Cedrone v. Baker.
https://www.courtlistener.com/recap/gov ... 56.1.0.pdf
"Demalia has also been ordered, by the Massachusetts State Police, acting on Governor's orders, to cease teaching the basic handgun safety course, even if he had less than six people in the class or did so online via video conferencing."


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Re: Republican Massachusetts governor's shutdown EO now doesn't exempt firearm dealers

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Plaintiff's reply in McCarthy v. Baker.
https://www.courtlistener.com/recap/gov ... 4.65.1.pdf
INTRODUCTION
The Second Amendment does not secure a “limited” right, and the Defendants have
offered no justification whatsoever for their decision to shut down the commercial channels by
which its citizens can obtain arms and ammunition, while leaving all sorts of other business—
which enjoy no constitutional protection—open. In this reply, the Plaintiffs respond to the
Defendants’ claims that their COVID-19 Orders impact only the periphery of the Second
Amendment, their attempts to justify their burden, and their argument that the retailer Plaintiffs
lack standing. We do not address the Defendants’ arguments regarding the Due Process Clause
and the Eleventh Amendment, as the instant Plaintiffs have not raised these claims, nor do we
address the issue of qualified immunity, since this motion does not seek damages.
A. Walmart Doesn’t Save the Day, and Neither do Private Sales
Defendants’ evidence regarding the availability of ammunition at Walmart—an affiant’s
testimony that she placed calls and asked questions, offered to show the truth of the answers she
received—is inadmissible hearsay. Fed. R. Evid. 802. And even were this disregarded, it omits
an important detail—that Walmart does not sell handgun ammunition.1 Indeed, as shown in the
declarations submitted herewith, the Plaintiffs and others visited 10 of the 11 Walmarts that the
Defendants cite in their brief—and were unable to find handgun ammunition at any of them.
Moreover, as Massad Ayoob—a nationally renowned expert on armed self-defense—explains in
his declaration, even if someone could find handgun ammunition in a Walmart, that ammunition
would likely be unsuitable for self-defense. Dec. of Massad Ayoob, ¶¶ 5-10. Rather, suitable
self-defense ammunition “is most likely to be found in local gun shops.” Id. at ¶ 11. And,
significantly, it is handguns that are “the quintessential self-defense weapon” and “the most
popular weapon chosen by Americans for self-defense in the home.” District of Columbia v.
Heller, 554 U.S. 570, 629 (2008); see also Caetano v. Massachusetts, 577 U.S. ___, 136 S. Ct.
1027, 1032 (2016). The unavailability of handgun ammunition means that the Plaintiffs remain
unable to exercise the core of the Second Amendment’s protections.
The Defendants also disclaim any notion of narrow tailoring, instead asserting (p. 16) that
all they need is a “substantial fit” with an important government interest. The argument tacitly
concedes that the Defendant’s decision to close gun and ammunition retailers, while leaving a
plethora of other businesses free to operate, cannot survive any form of judicial review that,
whatever its label, has any actual teeth. If COVID-19 is too dangerous to let constitutionally
protected forms of commerce continue their operations, then it is definitely too dangerous to
allow things like pet supply stores, liquor stores, and car dealerships—which enjoy no
constitutional protection whatsoever—to continue
tl;dr: The state contended its ban was OK because ammo could be purchased at Walmart. Walmart does not sell handgun ammo in Massachusetts.

The hearing is on Monday.

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Re: Republican Massachusetts governor's shutdown EO now doesn't exempt firearm dealers

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McCarthy v. Baker was live-blogged on the New England regional forum. Allegedly, it did not go well for the state.
https://twitter.com/2Aupdates/status/12 ... 37568?s=20

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Re: Republican Massachusetts governor's shutdown EO now doesn't exempt firearm dealers

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The state argued many prospective ammo purchasers could just go to New Hampshire.
https://twitter.com/2Aupdates/status/12 ... 10176?s=19
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Re: Republican Massachusetts governor's shutdown EO now doesn't exempt firearm dealers

Post by Bisbee »

Are they serious? Are these really the arguments of professional attorneys defending the decisions of State? They might as well’ve said folks could also drive over to Mexico ta get the “really good chit.” Way to screw the pooch.
"It is better to be violent, if there is violence in our hearts, than to put on the cloak of non-violence to cover impotence. There is hope for a violent man to become non-violent. There is no such hope for the impotent." -Gandhi

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Re: Republican Massachusetts governor's shutdown EO now doesn't exempt firearm dealers

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Bisbee wrote:Are they serious? Are these really the arguments of professional attorneys defending the decisions of State? They might as well’ve said folks could also drive over to Mexico ta get the “really good chit.” Way to screw the pooch.
It's Massachusetts. Attorneys for the state in firearm-related cases are accustomed to preferential treatment by the judiciary. Even having to prepare a better defense than "go to NH" or worry about getting caught lying about being able to get handgun ammo at Walmart probably seemed like overkill.
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Re: Republican Massachusetts governor's shutdown EO now doesn't exempt firearm dealers

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Biz soars as area gun shops reopen
U.S. District Judge Douglas P. Woodlock in Boston ordered Massachusetts to allow gun shops to reopen nearly two months after Baker’s administration deemed them nonessential businesses that needed to close to slow the spread of COVID-19. Sales at area stores have gone through the roof since noon on Saturday, when they were allowed to open the doors again.

“It was kind of a nightmare for me,” Charles Ricko, owner of Overwatch Outpost in Charlemont, said of the past two months. “Small businesses like mine, we get by month to month.”
“Financially, it’s hard,” he said. “I’ve been living off savings and whatever I had in the bank. I had zero income coming in.”

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Re: Republican Massachusetts governor's shutdown EO now doesn't exempt firearm dealers

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DispositionMatrix wrote:
Thu Apr 02, 2020 1:08 pm
Edited due to the governor changing the policy.
Charlie Baker adds the gun industry to list of essential businesses allowed to stay open in Massachusetts
However, directly not mentioned by Baker or the subsequent press release Tuesday was another addition to the list: The gun industry.

“Workers supporting the operation of firearm or ammunition product manufacturers, importers, and distributors,” reads one of the categories in the updated list of essential services.

The additions had also briefly included gun retailers and shooting ranges when it was originally released Tuesday afternoon, matching up identically with updated federal guidelines released Saturday by President Donald Trump’s administration advising states on what sectors are “ensuring continuity of functions critical to public health and safety.” As the Wall Street Journal reported Monday, states like New Jersey and Pennsylvania have reversed course and allowed gun stores to stay open amid orders for nonessential business to close.
https://twitter.com/MassAGO/status/1245 ... 42626?s=20
Maura Healey
@MassAGO
Gun shops and shooting ranges are NOT essential businesses during a public health emergency. We cannot undermine the safety of our police officers, first responders, and domestic violence victims.
NSSF: MA Gov Opens, Then Closes ‘Essential Critical’ Gun RetailSimulation de rachat de crédit
U.S.A. -(AmmoLand.com)- Massachusetts Gov. Charlie Baker closed federally licensed firearm dealers after briefly listing them open as “essential” services. The move effectively denies Massachusetts residents of their Second Amendment civil rights, under the guise of emergency health orders.

Gov. Baker quietly updated the Bay State's COVID-19 guidance to mirror the updated guidance published by the Department of Homeland Security, listing firearm manufacturing, distribution and retailers as “essential critical infrastructure” that should remain open during the coronavirus pandemic. The National Shooting Sports Foundation® (NSSF®), the trade association for the firearm and ammunition industry, alerted Massachusetts member retailers of the updated state guidance. Just hours later though, Gov. Baker reversed course, ordering firearm retailers closed. The language that originally included firearm retailers and ranges was struck and no longer appears on the guidance.

When NSSF inquired about the reversal, the answer received was “to keep as many people home as possible.” That doesn't align with other businesses allowed to remain open in Massachusetts as essential. Gov. Baker's order keeps liquor stores open yet denies law-abiding citizens the ability to lawfully purchase firearms for self-protection, a Constitutionally-protected individual civil right.
Hello, and what happened when Governor Baker turned the corner more precisely?

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