Anti Federalist
05-07-2020, 01:20 PM
Massachusetts gun shops must be allowed to reopen amid coronavirus pandemic, federal judge rules
Updated 3:15 PM; Today 1:05 PM
https://www.masslive.com/coronavirus/2020/05/massachusetts-gun-shops-must-be-allowed-to-reopen-amid-coronavirus-pandemic-federal-judge-rules.html
By Jackson Cote | jcote@masslive.com
Massachusetts must allow gun shops to reopen amid the coronavirus pandemic after the businesses were previously designated as non-essential by Gov. Charlie Baker, a federal judge ruled this week.
U.S. District Judge Douglas Woodlock ruled on Thursday that that the restrictions Baker ordered in response to the public health crisis posed an “improper burden” to the constitutional rights of individuals seeking to purchase firearms, Reuters reported.
The state will now have to allow licensed firearms dealers to sell guns, ammunition and other goods by appointment only, with no more than four appointments per hour. Dealers can only operate from 9 a.m. to 9 p.m. daily starting Saturday.
Under Woodlock’s order, gun dealers must follow proper social distancing and public health requirements, including having employees wear proper face coverings and establishing procedures to sanitize frequent touch points throughout the day.
The decision comes after a legal battle was mounted by a group of four gun store operators, six people seeking to become gun owners and various nonprofits, who claimed Baker’s restrictions violated their Second Amendment rights.
The coalition requested in the U.S. District Court of Massachusetts an order blocking the state from banning gun sales and sought an unspecified amount of damages.
“The Plaintiffs bringing this action do not mean to minimize the severity or urgency of the coronavirus pandemic,” the group wrote in its lawsuit against the governor. "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 plaintiffs included the operators of Troy City Tactical LLC in Fall River, Precision Point Firearms in Woburn, Shooting Supply LLC in Westport and Cape Gun Works in Hyannis as well as Michael McCarthy of Boston, William R. Biewenga of Wellfleet, Timothy Galligan of Easton, Jim Simmons of New Bedford, David Lantagne of Dunstable and Alfred Morin of Brewster.
Baker’s initial executive order that closed non-essential businesses did not exempt gun shops, which drew criticism from gun rights advocates and those working in the firearms industry.
The governor afterward updated the order to include gun retailers and shooting ranges, which in turn sparked outrage from gun control advocates. Both gun retailers and shooting ranges were later removed from the state’s essential business list.
Updated 3:15 PM; Today 1:05 PM
https://www.masslive.com/coronavirus/2020/05/massachusetts-gun-shops-must-be-allowed-to-reopen-amid-coronavirus-pandemic-federal-judge-rules.html
By Jackson Cote | jcote@masslive.com
Massachusetts must allow gun shops to reopen amid the coronavirus pandemic after the businesses were previously designated as non-essential by Gov. Charlie Baker, a federal judge ruled this week.
U.S. District Judge Douglas Woodlock ruled on Thursday that that the restrictions Baker ordered in response to the public health crisis posed an “improper burden” to the constitutional rights of individuals seeking to purchase firearms, Reuters reported.
The state will now have to allow licensed firearms dealers to sell guns, ammunition and other goods by appointment only, with no more than four appointments per hour. Dealers can only operate from 9 a.m. to 9 p.m. daily starting Saturday.
Under Woodlock’s order, gun dealers must follow proper social distancing and public health requirements, including having employees wear proper face coverings and establishing procedures to sanitize frequent touch points throughout the day.
The decision comes after a legal battle was mounted by a group of four gun store operators, six people seeking to become gun owners and various nonprofits, who claimed Baker’s restrictions violated their Second Amendment rights.
The coalition requested in the U.S. District Court of Massachusetts an order blocking the state from banning gun sales and sought an unspecified amount of damages.
“The Plaintiffs bringing this action do not mean to minimize the severity or urgency of the coronavirus pandemic,” the group wrote in its lawsuit against the governor. "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 plaintiffs included the operators of Troy City Tactical LLC in Fall River, Precision Point Firearms in Woburn, Shooting Supply LLC in Westport and Cape Gun Works in Hyannis as well as Michael McCarthy of Boston, William R. Biewenga of Wellfleet, Timothy Galligan of Easton, Jim Simmons of New Bedford, David Lantagne of Dunstable and Alfred Morin of Brewster.
Baker’s initial executive order that closed non-essential businesses did not exempt gun shops, which drew criticism from gun rights advocates and those working in the firearms industry.
The governor afterward updated the order to include gun retailers and shooting ranges, which in turn sparked outrage from gun control advocates. Both gun retailers and shooting ranges were later removed from the state’s essential business list.