May 8th, 2020

Gun Stores Can Open in Massachusetts Rules U.S. District Judge

Massachusetts second amendment charlie baker federal court injunction pandemic covid-19 closure

Despite the edicts of Democratic Party Governors shutting down gunshops and shooting ranges, the Second Amendment is still part of the U.S. Constitution. A successful lawsuit in Massachusetts demonstrated that. Hopefully the Governors of other states where gunshops were closed by executive order will take notice. In California, Marijuana dispensaries were declared “essential businesses” but not gun stores.

Injunction Granted against Massachusetts Governor’s Closure of Gun Stores
In response to the Coronavirus pandemic, Massachusetts Governor Charlie Baker, by executive order, shut down all the gun stores in his state. Well it turns out Baker’s action violated the U.S. Constitution. A U.S. District Court in Massachusetts has granted a preliminary injunction against Gov. Baker’s order shutting down gunshops in the state. The injunction was issued in McCarthy v. Baker*, a case brought by the Second Amendment Foundation (SAF), Firearms Policy Coalition, and Commonwealth Second Amendment.

In ruling for the plaintiffs, U.S. District Court Judge Douglas P. Woodlock declared: “We don’t surrender our Constitutional rights. These plaintiffs have constitutional rights that deserve respect and vindication, and it becomes necessary for a court to do that rather than the executive when the executive declines.” He added that the Governor’s lawyers did not show justification for the gun store closures: “I don’t have anything like a substantial fit between the goals of the emergency declared by the Commonwealth and the burdening of the Constitutional rights.”

Speaking from the bench during a virtual hearing, Judge Woodlock said, “There’s no justification here” for mandating the closure of gun shops. He specified that gun shops will be free to open at noon, Saturday, May 9. In allowing gun stores to open, the Judge did impose certain restrictions — gunshops should operate from 9 am to 9 pm, by appointment only, with maximum four appointments per hour. Social distancing must also be observed both inside and outside gun stores.

Plaintiffs argued that Gov. Baker’s emergency order eliminated “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.”

SAF founder and Executive Vice President Alan M. Gottlieb praised Judge Woodlock’s decision: “Constitutional rights are never put on hold because of an emergency, including the outbreak of a virus. Too many elected officials think otherwise, and we’re having to deal with them one lawsuit a time….”

Gottlieb explained: “When Governor Baker lumped gun shops in with thousands of other businesses deemed ‘non-essential’, he obviously didn’t consider the exercise of a fundamental right to be essential. We can think of nothing that is more essential than exercising a right protected by the Constitution, especially during a declared state of emergency.”

A Federal judge on Thursday ordered that gun shops across Massachusetts can reopen this weekend, ruling that Governor Charlie Baker’s decision to shutter them along with thousands of other “nonessential” businesses infringed on people’s Second Amendment rights.

The decision from US District Judge Douglas P. Woodlock marked a rare rebuke of Baker and the broad emergency powers he’s wielded to fight the COVID-19 pandemic[.] — Boston Globe, 5/7/20


*In two lawsuits joined into the single case, Massachusetts citizens, gun shops and advocacy groups asked the court to force the state to let the shops resume sales. The cases are McCarthy et al. v. Baker et al., case number 1:20-cv-10701, and Cedrone LLC et al. v. Baker et al., case number 1:20-cv-40041, in the U.S. District Court for the District of Massachusetts.

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March 29th, 2020

DHS States Gun-Makers and Retailers Are “Essential Businesses”

Department homeland security Dhs gun retailers firearms order Coronavirus essential business

Story based on 3/28/20 report by Ammoland.com.
The Department of Homeland Security has declared firearms manufacturers and retailers “essential businesses”. This is very important because many states, including California and New York, have issued Executive Orders which have shuttered gun stores and halted the operations of FFLs. The DHS statement should, hopefully, lead to changes in state and regional emergency orders requiring gun shops to close.

The reference to gun retailers and gun ranges is found in a DHS document titled Guidance on the Essential Critical Infrastructure Workforce in the section dealing with “Law Enforcement, Public Safety, and Other First Responders”.

Department homeland security Dhs gun retailers firearms order Coronavirus essential business

Legal Actions to Counter Closures of Retail Gun Stores and FFLs

On Friday, 3/28/20, the Second Amendment Foundation (SAF) and the Firearms Policy Coalition (FPC) joined forces with the NRA, California Gun Rights Foundation and several others in a federal lawsuit against Gov. Gavin Newsom and Los Angeles County Sheriff Alex Villanueva. They are also alleged to be using the COVID-19 pandemic to close down gun stores.

Comment: In California, all the gun shops have closed, yet Marijuana Dispensaries and Vape Shops remain open as “essential businesses”. That shows you Gov. Newsom’s priorities — recreational drugs are good, while guns are bad. The California Governor is exploiting this crisis to harm the gun industry and put gunshop owners out of business. And in Washington state, Gov. Jay Inslee’s emergency order listed employees at marijuana shops, breweries and winemaking facilities as part of the essential workforce, but omitted firearm and ammunition retailers and distributors.

The same day (3/28/20) in North Carolina, SAF and FPC filed a federal lawsuit against Wake County Sheriff Gerald M. Baker for refusing to accept new applications for pistol purchase permits or concealed handgun permits until April 30, 2020, using the COVID-19 outbreak as justification.

Previously, the SAF filed a lawsuit challenging New Jersey Governor Phil Murphy’s order shutting down firearms dealers. In Kashinsky v. Murphy, the SAF is joined by the New Jersey Second Amendment Society in alleging violation of “civil rights under color of law” by shutting down firearms dealerships, preventing citizens and businesses from exercising their rights under the Second and Fourteenth Amendments.


This story is based on an article created by Dave Workman for Ammoland.com, which states: “Readers, please share this article with your state, local and federal representatives, police departments and sheriffs as well local firearms retailers to make them aware of the new guidance so we can get our local business back to work and fellow Americans the products they need to remain safe.

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March 27th, 2020

Ammo Sales Spike… and Gun News in Pandemic Times

Coronavirus Ammo Ammuniction Sales Guns FFL SCOPE Data

Here are some gun-industry news highlights for the week. With the Coronovirus pandemic dominating the news, there have been some important developments. First, we are seeing a huge spike in ammo sales, along with significant growth in gun purchases. Second, groups are fighting State Executive Orders mandating closures of gun stores. Third, a number of gun accessory companies are gearing up to provide health-related products such as N95 masks and disinfectants.

Coronavirus Ammo Ammuniction Sales Guns FFL SCOPE DataAmmunition Sales Spike with Widespread Concerns Over Coronavirus Pandemic
The National Association of Sporting Goods Wholesalers (NASGW) SCOPE data platform reported a 168% spike in ammunition shipments for the week ending March 14. For all of 2020 so far, ammo shipments are up 21%.

Ammo Sales up 168% Nationwide
During the week ending March 14, distributors shipped close to $10,000,000 worth of ammunition, representing a 168% bump above the 3-year average for the same week. In some states, SCOPE DLX shows up to a 600% growth in ammunition shipments. Overall, ammunition shipments are up 21% year-to-date (YTD).

Gun Sales Rising Significantly
Concerns over the COVID-19 pandemic continue to drive firearms sales as well. According to Chris Means, NASGW Director and President of Tactical Gear Distributors, ammunition was the first category to spike but firearms have been following, with high demand for carry guns are ARs. Firearms shipments were up 13.74% compared to the 3-year average for March 8-14.

Coronavirus Ammo Ammuniction Sales Guns FFL SCOPE Data

About the Data Tracker: NASGW SCOPE is an analytics platform for shooting sports manufacturers, distributors, and retailers. SCOPE DLX collects weekly shipment data from 20 leading distributors that represent demand from FFLs across the United States.

AR15s Are in High Demand Again — Sales are Rising

Gun Industry News — Coping with a Crisis

Legal Challenge to New Jersey Closure of Firearms Dealers
The Second Amendment Foundation has filed a lawsuit challenging New Jersey Governor Phil Murphy’s order shutting down firearms dealers in the Garden State. In Kashinsky v. Murphy, the SAF is joined by the New Jersey Second Amendment Society in alleging violation of “civil rights under color of law” by shutting down firearms dealerships, preventing citizens and businesses from exercising their rights under the Second and Fourteenth Amendments. Federal Judge Judge Shipp has set Friday, April 3 as the deadline for the state’s opposition brief to the SAF’s suit. This important Second Amendment case could have ramifications across the nation.

New York Shutters Kimber Manufacturing Plant in Yonkers NY
In related news, the Kimber Plant in New York state has been closed in response to executive orders. Due to the New York state decision to shutter non-essential businesses as part of the COVID-19 response plan, Kimber Mfg. Inc. has stopped production at its New York facilities. Production continues at Kimber’s new, state-of-the-art Troy, Alabama manufacturing facility.

NOTE: In many other states, firearms and ammunition production facilities, along with retail gunstores, ARE recognized as “essential businesses” and therefore allowed to stay open. For a state-by-state run-down, read the NSSF Covid-19 Information and Resources for FFLs.

Radians Donates 14,000 N95 Masks to TN Hospitals
Radians, manufacturer of quality safety eyewear and hearing protection for shooters and hunters, donated over 14,000 N95 masks to medical facilities in Memphis, TN. Wisely, in 2018 Radians added the N95 respirator to its line of Personal Protective Equipment (PPE). Radians CEO, Mike Tutor, said the N95 mask donation “represents Radians’ corporate responsibility to help during challenging times. With a worldwide shortage of respirator masks, we knew this donation would quickly assist first responders and health care workers [during] the COVID-19 crisis. The respirators will also be of service at COVID-19 test sites.”

Coronavirus Ammo Ammuniction Sales Guns FFL SCOPE Data

Otis Technology Joins the Fight Against COVID-19
Otis Technology has partnered with Saint Lawrence Spirits to make, bottle and distribute hand sanitizer to first responders in desperate need during the COVID-19 pandemic. In addition, Otis Technology began using its facilities — normally used to manufacture firearms maintenance products — to immediately begin manufacturing personal protective equipment.

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November 9th, 2018

Radical Anti-Gun Measure, I-1639, Wins in Washington State

Washington Evergreen state Initiative NRA SAF anti-gun law passes election news semi-automatic rifle waiting period ruger 10/22

Bad news for Washington State gun owners. The draconian gun-control initiative, I-1639, passed in this week’s election, with roughly 60% voter approval. Big changes are in store for the Evergreen State, starting January 1, 2019. According to Guns America, “I-1639 bans the sale of semiautomatic rifles to adults under the age of 21, creates a registry of gun owners, establishes a 10-day waiting period for certain purchases, holds gun owners liable for failing to secure firearms, and allows the state to charge a $25 fee on the sale of [broadly defined] ‘assault rifles'”.

The age restriction on gun purchases goes into effect January 1, 2019. The other provisions commence six months later, on July 1, 2019. Outdoor stores and gun-shops are getting ready for the new law, expecting confusion and some panic buying. “Now we’ve got a law that’s going to cause problems for us and it’s going to cause problems for consumers and the impact on crime is going to be zero. So there’s going to be a rush for people buying guns and beat the law to the punch but I think ultimately though it will have a negative effect for a while on gun sales” said Wade Gaughran of Wade’s Eastside Guns in King County, during an interview with KOMONews.

Washington Evergreen state Initiative NRA SAF anti-gun law passes election news semi-automatic rifle waiting period ruger 10/22

NRA and Second Amendment Foundation Will Challenge I-1639 in Court
Despite the election result, there is some hope. Gun rights groups plan to challenge I-1639 in court: “The Second Amendment Foundation (SAF) and the National Rifle Association (NRA) will be jointly filing a court challenge to I-1639 and the chilling effect that it has on the constitutional right to keep and bear arms,” said SAF founder Alan Gottlieb.

I-1639, over 30 pages in length, is far-reaching. This measure basically defines virtually ALL self-loading long guns as “assault rifles”. This would even include popular .22 LR rimfire rifles such as the Ruger 10/22, Marlin 60, and Remington 597. In addition, I-1639 imposes draconian gun storage requirements, imposes new taxes on gun ownership, creates a state-controlled gun registry, and mandates annual “verification” of gun owners. LEARN MORE HERE.

Washington state Intiative 1638 I-1639 self defense second amendment

Alan Gottlieb explains that many negative aspects of I-1639 were not understood by voters. This initiative threatens privacy rights, and interferes with citizens’ ability to defend their homes. “Not only does the initiative discriminate against gun owners, it classifies common recreational firearms as ‘semiautomatic assault rifles’ and requires gun buyers to surrender their medical privacy in order to exercise a constitutionally-protected right.” I-1639 was pushed by the Seattle-based Alliance for Gun Responsibility, an extreme anti-gun advocacy group funded by billionaire dollars.

I-1639 was in fact so badly-drafted and extreme that even law enforcement organizations opposed this far-reaching anti-gun measure. In the weeks leading up to the election, the Washington State Sheriffs Association (WSSA), Washington Council of Police & Sheriffs (WACOPS), and Washington State Law Enforcement Firearms Instructors Association (WSLEFIA) all opposed I-1639.

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July 26th, 2018

Second Amendment Foundation and NRA Sue City of Seattle

NRA Second Amendment Foundation gun ammo storage law seattle washington state

Last week, the Second Amendment Foundation and National Rifle Association filed a lawsuit against the City of Seattle and Mayor Jenny Durkan over adoption of a so-called “safe storage” requirement, alleging that it violates Washington State’s 35-year-old preemption statute, and is therefore unenforceable. Also named as defendants are the Seattle Police Department and Chief Carmen Best.

State law prohibits cities, towns and counties or other municipalities from adopting gun regulations that exceed state authority. The state legislature has sole authority to adopt gun laws including, but not limited to, registration, licensing, possession, purchase, sale, acquisition, transfer, discharge and transportation of firearms.

“The City of Seattle has been trying to erode state preemption almost from the moment [the preemption law] was passed back in 1985,” recalled SAF founder and Executive Vice President Alan M. Gottlieb. “When the city tried to ban guns from city parks facilities under former mayors Greg Nickels and Mike McGinn, SAF and NRA joined forces with other organizations to stop it, under the state preemption statute. We should not have to repeatedly remind Seattle that [it is] still part of Washington State and must obey the law.”

More Liberal Nonsense From Seattle’s Politicians
“Seattle seems to think it should be treated differently than any other local government when it comes to firearm regulation,” Gottlieb observed. “State preemption was adopted more than three decades ago to assure uniformity of gun laws from Ilwaco to the Idaho border. Seattle simply can’t break the law to adopt an ordinance as a political statement.”

NRA Second Amendment Foundation gun ammo storage law seattle washington state

“We’re delighted to once again be working with the NRA to protect Washington state law and the rights of gun owners who live in the state’s largest city,” Gottlieb concluded. Joining SAF and NRA in the lawsuit are two Seattle residents, Omar Abdul Alim and Michael Thyng, both firearm owners.

Support the SAF: You can help protect the Second Amendment by supporting the Second Amendment Foundation with an $15 Annual Membership or other monetary donation.

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July 13th, 2018

Second Amendment Foundation Sues California State DOJ

CA Gun bullet button assault rifle registration
Graphic courtesy The Daily Shooter YouTube channel.

The Second Amendment Foundation (SAF) has filed a lawsuit against the California Department of Justice and Attorney General Xavier Becerra, seeking an injunction against the agency for failing and refusing to establish a properly functioning Internet-based firearms registration system.

Joining SAF in this legal action are the Calguns Foundation, Firearms Policy Coalition, Firearms Policy Foundation and three private citizens. The lawsuit was filed in Shasta County Superior Court.

“We’re suing because California DOJ’s Firearms Application Reporting System (CFARS) broke down during the deadline week for people to register their firearms in accordance with new state laws,” said SAF founder and Executive Vice President Alan M. Gottlieb. “For a whole week the system was largely inaccessible. People who wanted to comply with the law simply couldn’t and now they face becoming criminals because they couldn’t do what the law requires.”

The lawsuit notes that during the week of June 25-30, which was the statutory registration deadline, the CFARS system was inaccessible and inoperable on a variety of web browsers across the state. Many users who were able to initially log in and begin the process could not finish because the system crashed, obliterating all of their work. The CFARS system was substantially underfunded and understaffed from its inception, Gottlieb noted.

“It’s like a bad version of ‘Catch-22’,” Gottlieb observed. “The government required registration by the deadline, but the online registration failed and people couldn’t register. They’re required to obey the law, but the system broke down, making it impossible to obey the law. Now these people face the possibility of being prosecuted. We simply cannot abide that kind of incompetence.”

“Attorney General Xavier Becerra seems to care about everything but the constitution, the rule of law, and law-abiding California gun owners,” said FPC President Brandon Combs. “If Becerra spent as much time doing his job as he does talking about his pet crusades against the federal government, hundreds of thousands of Californians would not be in legal jeopardy right now.”

“Predictably the state of California wants to take guns away from the law abiding. In this instance they couldn’t even build a working system to respect gun owners’ rights,” explained CGF Chairman Gene Hoffman. SAF and its partners want the court to prevent DOJ from enforcing the law to allow individual plaintiffs and other citizens in the same situation to register their legally-possessed firearms through a “reliable and functional registration system.”

CA Gun bullet button assault rifle registration

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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July 27th, 2017

Firearms Carry Right Recognized in District of Columbia Case

U.S. Court of Appeals Second Amendment Wrenn vs. District Columbia
Federal Courthouse in Washington, DC. Photo by AgnosticPreachersKid under CC 3.0 license.

Story based on report by Second Amendment Foundation.
This week, the Second Amendment Foundation (SAF) won a precedent-setting victory against “good reason” requirements for concealed carry in our Nation’s capital when the U.S. Court of Appeals for the District of Columbia issued a permanent injunction against enforcement of such a requirement in the District. This order was issued in the consolidated cases of Wrenn v. District of Columbia and Grace v. District of Columbia.

According to the ABA Journal: “The U.S. Court of Appeals for the D.C. Circuit ruled 2-1 on Tuesday that the restriction violates the Second Amendment because it amounts to a total ban on the right to carry a gun for most residents.” The 2-1 decision, written by Judge Thomas Beall Griffith, stated:

“At the Second Amendment’s core lies the right of responsible citizens to carry firearms for personal self-defense beyond the home, subject to longstanding restrictions… The District’s good-reason law is necessarily a total ban on exercises of that constitutional right for most D.C. residents. That’s enough to sink this law under (the 2008 U.S. Supreme Court’s Heller ruling).” Griffith added, in no uncertain terms: “The Second Amendment erects some absolute barriers that no gun law may breach.”

U.S. Court of Appeals Second Amendment Wrenn vs. District Columbia“Today’s ruling contains some powerful language that affirms what we have argued for many years, that requiring a so-called ‘good cause’ to exercise a constitutionally-protect right does not pass the legal smell test,” said SAF founder and Executive Vice President Alan M. Gottlieb. “We’re particularly pleased that the opinion makes it clear that the Second Amendment’s core generally covers carrying in public for self-defense.”

The court went on to state in its 31-page majority opinion that the District of Columbia’s “good cause” requirement was essentially designed to prevent the exercise of the right to bear arms by most District residents. Therefore, the net effect of the requirement amounted to nothing more than a complete prohibition in direct contradiction to the 2008 Heller decision that struck down the District of Columbia’s 30-year handgun ban.

After the decision was handed down, SAF founder and Executive Vice President Alan Gottlieb released a statement saying, “To read the majority opinion and not come away convinced that such ‘good reason’ or ‘good cause’ requirements are just clever ways to prevent honest citizens from exercising their rights is not possible. To say we are delighted with the ruling would be an understatement. We are simply more encouraged to keep fighting and winning firearms freedom one lawsuit at a time.” The Second Amendment Foundation invites donations to support future legal efforts to protect Second Amendment rights.

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October 26th, 2015

Seattle Gun and Ammo Tax Challenged by Firearms Groups

Seattle Gun ammo tax

Seattle recently passed a law imposing special taxes on the sale of guns and ammunition. Labeled a “gun violence” tax, the Seattle ordinance is designed to discourage firearms use and, presumably, drive gun and ammo vendors out of the city. City Council President Tim Burgess, author of the controversial Seattle ordinance, likened the gun/ammo levy to “sin taxes” on alcohol and tobacco: “We’ve been working on this for several years. We tax cigarettes and alcohol and even wood-burning stoves for public health purposes. Why not guns and ammunition?”

Opponents of the new law have taken the city to court. The NRA, Second Amendment Foundation (SAF), NSSF and other organizations have challenged the so-called “gun violence tax” recently passed by the Seattle City Council. A motion for summary judgment has been filed citing Washington State’s long-standing preemption statute which “fully occupies and preempts the entire field of firearms regulation within the boundaries of the state.”

Gun group lawyers argued that the city “is well aware of this restriction on its legislative power” because Seattle’s most recent attempt to regulate firearms was emphatically struck down by the Court of Appeals in the case of Chan vs. Seattle. (That lawsuit derailed an attempt by the city under former Mayors Greg Nickels and Mike McGinn to ban guns in city park facilities.)

Seattle Gun ammo tax

“Seattle is trying to be too clever by half,” said SAF Executive Vice President Alan Gottlieb. “This so-called ‘gun violence tax’ clearly seeks to limit access to firearms and ammunition by imposing what amounts to a regulatory fee on the sale of all firearms and ammunition within City limits. The city can’t do that, and we’re confident the court will tell them so. In the final analysis, this is an attempt to skate around, and thus erode, our state’s model preemption law. That cannot be allowed to stand. The City of Seattle is not an entity unto itself, but still part of Washington State, and therefore the city has to abide by the same laws we all follow.”

Public domain Seattle photo by Rattlhed.

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October 15th, 2010

Suit Filed on Behalf of Veteran Denied Gun Rights

Second AmendmentActing on behalf of a Georgia resident and honorably discharged Vietnam War veteran, the Second Amendment Foundation (SAF) has filed a lawsuit against Attorney General Eric Holder and the Federal Bureau of Investigation over enforcement of a federal statute that can deny gun rights to someone with a misdemeanor conviction on his record.

The lawsuit was filed in United States District Court for the District of Columbia. SAF and co-plaintiff Jefferson Wayne Schrader of Cleveland, GA are represented by attorney Alan Gura, who successfully argued both the Heller and McDonald cases before the U.S. Supreme Court.

In July 1968, Schrader, then 21, was found guilty of misdemeanor assault and battery relating to a fight involving a man who had previously assaulted him in Annapolis, MD. The altercation was observed by a police officer, who arrested Schrader, then an enlisted man in the Navy, stationed in Annapolis. The man he fought with was in a street gang that had attacked him for entering their “territory,” according to the complaint.

Schrader was ordered to pay a $100 fine and $9 court cost. He subsequently served a tour of duty in Vietnam and was eventually honorably discharged. However, in 2008 and again in 2009, Mr. Schrader was denied the opportunity to receive a shotgun as a gift, or to purchase a handgun for personal protection. He was advised by the FBI to dispose of or surrender any firearms he might have or face criminal prosecution.

“Schrader’s dilemma,” explained SAF Executive Vice President Alan Gottlieb, “is that until recently, Maryland law did not set forth a maximum sentence for the crime of misdemeanor assault. Because of that, he is now being treated like a felon and his gun rights have been denied. No fair-minded person can tolerate gun control laws being applied this way.” Gottlieb added: “Mr. Schrader’s case is a great example of why gun owners cannot trust government bureaucrats to enforce gun laws.”

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
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