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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November 16th, 2019

Five Worst States for Traveling with Firearms — Watch Out

Top Five 5 Worst states for Travel Guns Firearms

Thanksgiving is right around the corner. That means a large percentage of Americans will be on the road to visit relative. We know many of our readers have concealed carry permits or will otherwise be traveling with firearms. When crossing into different states with guns in a vehicle, you need to be mindful of all state and local laws and restrictions.

Five Worst States for Traveling with Firearms

This article appears in the Cheaper Than Dirt Shooter’s Log.
The U.S. is a patchwork of confusing and cumbersome laws that change the rules of what you can carry, where you can carry, and whether you can possess the firearm, ammunition of magazine at without running afoul of the local laws. Now, if every state was like Vermont, law abiding gun owners could freely travel with their firearms with no worries. Unfortunately, many states have a history of being hostile to traveling gun owners.

The federal “Firearms Owner Protection Act” allows travel through any state as long as the firearm is unloaded, in a locked case, and not easily accessible to the passengers. However, that is not to say that certain states that are less friendly to firearms have not created their own laws that would snare unsuspecting otherwise law-abiding firearm owners. This led us to name the Top 5 States to Avoid while traveling with a firearm this holiday season.

CONNECTICUT
Connecticut does not have any gun reciprocity agreements with other states. This means nonresidents are not allowed to carry handguns in Connecticut under a permit issued by another state.

HAWAII
Every person arriving into the state who brings a firearm of any description, usable or not, shall register the firearm within three days of the arrival of the person or the firearm, whichever arrives later, with the chief of police of the county where the person will reside, where their business is, or the person’s place of sojourn. GET Hawaii Firearms INFO HERE.

MASSACHUSETTS
Massachusetts imposes harsh penalties on the mere possession and transport of firearms without a license to carry. Prospective travelers are urged to contact the Massachusetts Firearms Records Bureau at (617) 660-4780 or contact the State Police. GET Massachusetts Firearms INFO HERE.

NEW JERSEY
New Jersey has some of the most restrictive firearms laws in the country. Your firearm must be unloaded, in a locked container, and not accessible in the passenger compartment of the vehicle. The New Jersey Supreme Court ruled that anyone traveling within the state is deemed to be aware of these regulations and will be held strictly accountable for violations. If you’re traveling through New Jersey, the N.J. State Police website provides information regarding transporting firearms within state lines. GET New Jersey Firearms INFO HERE.

NEW YORK
Use extreme caution when traveling through New York state with firearms. New York’s general approach is to make the possession of handguns and so-called “assault weapons” illegal. A number of localities, including Albany, Buffalo, New York City, Rochester, Suffolk County, and Yonkers, impose their own requirements on the possession, registration, and transport of firearms. Possession of a handgun within New York City requires a New York City handgun license or a special permit from the city Police Commissioner. This license validates a state license within the city. Even New York state licenses are generally not valid within New York City unless a specific exemption applies. Possession of a shotgun or rifle within New York City requires a permit, which is available to non-residents, and a certificate of registration.

More Scary States for Gun Owners
Here are six other jurisdictions (five states and DC) where you need to be wary when traveling. California, for example, treats all handguns in vehicles as “loaded” if there is ammunition loaded into an attached magazine. It’s wise, when in California, to have handguns unloaded in a LOCKED case, with all ammunition or magazines in a separate section of the vehicle. These states (and DC) all have laws that can trap unsuspecting gun-owners. Be wary.

California
Delaware
Dist. of Columbia
Illinois
Maryland
Rhode Island

Top Five 5 Worst states for Travel Guns Firearms

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December 19th, 2017

The Five Worst States for Traveling with Firearms

Top Five 5 Worst states for Travel Guns Firearms

This article appears in the Cheaper Than Dirt Shooter’s Log.
The passage of the Concealed Carry Reciprocity Act through the U.S. House of Representatives is a step in the right direction, but not a law yet. The U.S. is a patchwork of confusing and cumbersome laws that change the rules of what you can carry, where you can carry, and whether you can possess the firearm, ammunition of magazine at without running afoul of the local laws. Now, if every state was like Vermont, law abiding gun owners could freely travel with their firearms with no worries. Unfortunately, many states have a history of being hostile to traveling gun owners.

The federal “Firearms Owner Protection Act” allows travel through any state as long as the firearm is unloaded, in a locked case, and not easily accessible to the passengers. However, that is not to say that certain states that are less friendly to firearms have not created their own laws that would snare unsuspecting otherwise law-abiding firearm owners. This led us to name the Top 5 States to Avoid while traveling with a firearm this holiday season.

CONNECTICUT
Connecticut does not have any gun reciprocity agreements with other states. This means nonresidents are not allowed to carry handguns in Connecticut under a permit issued by another state.

HAWAII
Every person arriving into the state who brings a firearm of any description, usable or not, shall register the firearm within three days of the arrival of the person or the firearm, whichever arrives later, with the chief of police of the county where the person will reside, where their business is, or the person’s place of sojourn. GET Hawaii Firearms INFO HERE.

MASSACHUSETTS
Massachusetts imposes harsh penalties on the mere possession and transport of firearms without a license to carry. Prospective travelers are urged to contact the Massachusetts Firearms Records Bureau at (617) 660-4780 or contact the State Police. GET Massachusetts Firearms INFO HERE.

NEW JERSEY
New Jersey has some of the most restrictive firearms laws in the country. Your firearm must be unloaded, in a locked container, and not accessible in the passenger compartment of the vehicle. The New Jersey Supreme Court ruled that anyone traveling within the state is deemed to be aware of these regulations and will be held strictly accountable for violations. If you’re traveling through New Jersey, the N.J. State Police website provides information regarding transporting firearms within state lines. GET New Jersey Firearms INFO HERE.

NEW YORK
Use extreme caution when traveling through New York state with firearms. New York’s general approach is to make the possession of handguns and so-called “assault weapons” illegal. A number of localities, including Albany, Buffalo, New York City, Rochester, Suffolk County, and Yonkers, impose their own requirements on the possession, registration, and transport of firearms. Possession of a handgun within New York City requires a New York City handgun license or a special permit from the city Police Commissioner. This license validates a state license within the city. Even New York state licenses are generally not valid within New York City unless a specific exemption applies. Possession of a shotgun or rifle within New York City requires a permit, which is available to non-residents, and a certificate of registration.

More Scary States for Gun Owners
Here are six other jurisdictions (five states and DC) where you need to be wary when traveling. California, for example, treats all handguns in vehicles as “loaded” if there is ammunition loaded into an attached magazine. It’s wise, when in California, to have handguns unloaded in a LOCKED case, with all ammunition or magazines in a separate section of the vehicle. These states (and DC) all have laws that can trap unsuspecting gun-owners. Be wary.

California
Delaware
Dist. of Columbia
Illinois
Maryland
Rhode Island

Top Five 5 Worst states for Travel Guns Firearms

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September 24th, 2016

NSSF and Retailers Sue Massachusetts Attorney General

Massachusetts Attorney General Maura Healey Federal civil action lawsuit NSSF

NSSF and Retailers File Federal Suit against Massachusetts A.G. Healey’s ‘Enforcement Notice’.
Four federally-licensed Massachusetts firearms retailers and the National Shooting Sports Foundation® (NSSF) filed an action in United States District Court for the District of Massachusetts to challenge on Constitutional grounds the “Enforcement Notice” issued by state Attorney General Maura Healey. The lawsuit, filed September 22, 2016, states that Healey’s office overstepped its legal authority and deprived the retailers of their due process protections guaranteed under the U.S. Constitution. The action seeks declaratory relief and a permanent injunction enjoining enforcement.

The retailers are Pullman Arms Inc. of Worcester; Guns and Gear, LLC of Agawam; Paper City Firearms of Holyoke; and Grrr Gear of Orange.

“Attorney General Maura Healey’s actions were unconstitutional. Firearms retailers in Massachusetts cannot determine the meaning or scope of the Attorney General’s Enforcement Notice and subsequent explanations,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Because criminal penalties can result due to Attorney General Healey’s unilateral reinterpretation of a state statute done without administrative process or input from affected parties, her office exceeded its lawful authority and retailers were deprived of their due process protections under the Fifth and Fourteenth Amendments.”

“In addition, if the Attorney General’s Enforcement Notice is understood as applying to all semi-automatic firearms, it violates the Second and Fourteenth Amendments to keep and bear arms because it bans the manufacture, sale and possession of a broad range of firearms in common use by the citizens of Massachusetts,” Keane said.

Representing NSSF and the retailers are the Boston-based law firm of Kenney and Sams, and Michael Sullivan of the Ashcroft Law Firm. Sullivan is a former U.S. Attorney for the District of Massachusetts and former Acting Director, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.

CLICK HERE to Read Civil Action vs. Massachusetts Attorney General.

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December 25th, 2011

Caliber Cookie Cutter Sales Support Junior Shooters

Caliber Cookie CuttersPlanning a holiday get-together? Want to impress your gun-owning friends and relatives? Here is a perfect “politically incorrect” baking accessory: a 5-piece set of gun-shaped cookie cutters. The “Caliber Cookie Cutters” create cookies in five gun shapes: Deringer, Snubnose, Magnum Revolver, Model 1911, and Walther PPK. If you purchase the Caliber Cookie Cutters, your money will go to a good cause. Proceeds from cookie-cutter sales help support the Massachusetts Rifle Association (MRA) Junior 3-Position Shooting Team.

Coached by Maureen Tricket (with help from husband Charlie), the MRA Junior Team has been very successful. Maureen declares: “We compete in Massachusetts, Vermont, Rhode Island, Alabama, Georgia, everywhere. We won the gold last year at Camp Perry for the Open Class.” Some of the young shooters have even earned shooting scholarships.

Caliber Cookie Cutters

To order a set of gun-shaped cookie cutters, visit www.CaliberCutters.com. Priced at $19.95 per set, these cookie cutters are sure to put smiles on many faces (with the exception of knee-jerk liberals). And since the proceeds help a Junior Shooting Program, you get plenty of bang for your buck!

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July 10th, 2011

Can’t Fix Your Car? Just Shoot it … Porsche Charity Shoot-Out

Jalopnik Porsche 911 target practiceHere’s an amusing story, if a sad one for Porsche fans. After his Porsche 911 sports car broke down, the owner, faced with a massive repair bill, decided to donate the vehicle to a local charity — the Commonwealth Second Amendment (Comm2A), a group that works for gun law reform in Massachusetts. Well Comm2A, with co-sponsor Northeast Shooters, decided the best use of the donated Porsche was as a target! The two organizations hosted a fund-raising shoot-out, with the Porsche as the star of the show.

Jaloponik blog writer Matt Hardigree explains: “After the engine of his Porsche 911 decided to die (and take much of the cooling system along with it in some kind of powertrain suicide pact), the owner considered the $20,000 repair job and instead decided to donate the car to a non-profit. A non-profit dedicated to protecting gun rights. [A]pproximately 140 people showed up for the fundraiser. It’s difficult to know exactly how much ammo was spent decimating the Porsche, but 10,000 seems to be the conservative estimate.”
READ full article HERE.

Editor’s Comment: While I understand the purpose of the fund raiser, I wonder if the Porsche would have be worth more in parts value than the sum collected from the shooters. On the other hand, as Jalopnik’s Hardigree writes: “Who hasn’t wanted to take a few shots at a 911, even an older model, after years of dealing with Porsche drivers?”

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July 18th, 2010

Gun Rights Groups Fight One-Gun-A-Month Law In Massachusetts

Massachusetts coinThe NSSF and Massachusett’s Gun Owners Action League (GOAL) continue to fight H4102, restrictive legislation promoted by Massachusetts Governor Deval Patrick. If passed, H4102, among many other things, would make it illegal to purchase more than one gun in a one-month period. Of course, the only individuals in the state impacted by this legislation would be law-abiding firearms owners, sportsmen and firearms retailers. As if existing onerous firearms laws are not enough in Massachusetts, this would further limit the rights of citizens in the Commonwealth. NSSF urges everyone in Massachusetts to contact members of the House Ways and Means Committee and urge them to oppose H4102.

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July 6th, 2010

Want to Design the Next Savage Rifle? Savage Is Hiring…

Savage Gun Design JobAre you the next John Moses Browning? Do you have the “next great idea” for gun design? Here’s your chance to find out. Savage Arms is seeking a new Product Design Engineer to help design and build new firearms. The person hired will have a leading role in the design, development, and implementation of new products from concept through commercialization. Ideal candidates will have firearms design experience and considerable knowledge of metallurgy and plastic part design. Avid firearm users and enthusiasts with mechanical machine design aptitude will be strongly considered also.

Savage Gun Design Job

The Product Design Engineer will work at the Savage facility in Westfield, MA. The “negotiable” salary will be commensurate with skills and experience. If you are interested in applying for the position, email Paul Lessard, Savage HR Director: plessard [at] savagearms.com.

Technical Job Qualifications
Savage is looking for experienced applicants with specialized skills: “Successful candidates will have proficiency in mechanical component and assembly design, 3D CAD, and the ability to perform tolerance studies to validate design integrity. Strong mechanical assembly design aptitude, problem-solving, and project management skills are an absolute MUST. Candidates should have a BS in Mechanical Engineering or related field and a minimum of two (2) years mechanical design experience in 3D CAD, AutoCAD Inventor, preferred.”

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