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.
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.
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.“
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.
Ammunition 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.
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.”
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.
This week, Tom Gresham’s Gun Talk Radio celebrates 25 years on the air, a significant milestone for the original nationally-syndicated radio talk show about guns and the shooting sports. The 25th Annual Episode airs live on Sunday March 8, 2020 from 2:00 PM to 5:00 PM Eastern time on radio stations nationwide. This special show can also be heard online via the GUNTALK PODCAST Site and Apple iTunes.
As a special bonus for Gun Talk Fans, here is a podcast of the first-ever Gun Talk Radio show in 1995.
Bonus Podcast: First Gun Talk Radio Show – March 5, 1995
To celebrate 25 years of radio, Tom Gresham has invited some of his favorite guests to stop by, including Second Amendment Foundation’s Alan Gottlieb, National Shooting Sports Foundation CEO Joe Bartozzi, Ted Nugent, Gunsite’s Ken Campbell, Pro Shooters Julie Golob and Rob Leatham, Sheriff Jim Wilson, and Shootrite Training Academy’s Tiger McKee.
Tom Gresham noted: “When I created Gun Talk in 1995, gun owners had just seen the passage of two massive anti-rights laws — the Brady Act and the Clinton Gun Ban. The media, when it covered this at all, lied and continued to lie … even when corrected. America’s 100 million gun owners were sick of the slanted news coverage, and they found Gun Talk to be a breath of fresh air…”
“Today, we face many of the same challenges… Gun Talk radio is perhaps more important today than … 25 years ago. Whether it’s helping the first-time gun buyer sort out what he needs to buy, or exposing politicians who claim to be supporters of the Second Amendment while putting restrictions on this right, there’s plenty to talk about.”
Tom Gresham’s Gun Talk radio show airs live on Sundays from 2PM-5PM Eastern, and runs on more than 270 stations. Listen on a radio station near you or via LIVE Streaming. All Gun Talk shows can also be downloaded as podcasts at http://bit.ly/GTRpodcast, Apple iTunes, or through the Gundelio Apps. Gun Talk is also available on YouTube, Roku, Apple TV, Amazon Fire TV, and GunTalk.com.
Report from Citizens Committee for the Right to Keep and Bear Arms (CCRKBA)
At a recent Texas rally, Democrat Presidential candidate Joe Biden declared Robert “Beto” O’Rourke, the gun-grabbing former Texas congressman, as Biden’s point man on gun issues. You’ll remember that O’Rourke famously called for the confiscation of legally-acquired semi-auto firearms from law-abiding gun owners, in clear violation of the Second Amendment of the U.S. Constitution.
Biden told O’Rourke: “You’re gonna take care of the gun problem with me, you’re gonna be the one who leads this effort. I’m counting on you, I’m counting on you, we need you badly.” Biden’s statement worried gun rights advocates. CCRKBA Chairman Alan Gottlieb: “For Biden to embrace Beto should erase any doubt where the former vice president truly stands on gun rights. Months ago, we vowed to let nobody forget O’Rourke’s brazen threat to take away people’s firearms, and we meant it.”
Gottlieb continued: “Beto O’Rourke represents everything that is wrong with today’s gun ban extremism, and he is one of the worst enemies of the Second Amendment. While he was campaigning, he said gun owners would be given the option of turning in their guns in exchange for cash, or risk being prosecuted. Then he outright threatened to confiscate the firearms of law-abiding Americans.”
“Biden’s mask is completely off,” Gottlieb concluded. “He’s not just a doddering Democrat pushing to become president, he’s an extremist anti-gunner who just promised to put a gun prohibition fanatic in charge of his administration’s gun policy. That’s not just a difference in philosophy, it’s a declaration of war.”
Mental Lapses by Joe Biden: In the South Carolina Presidential Debate, Biden stated that 150 million Americans have been killed by firearms since 2007. That was completely wrong (it would be roughly 45% of the U.S. population). Biden’s defenders claimed it was a simply an over-statement. At best this stupid error shows that Biden is totally misinformed about gun issues. At worst it shows that 77-year-old Biden is suffering from senile dementia and is not fit to serve as President.
With more than 650,000 members and supporters nationwide, the Citizens Committee for the Right to Keep and Bear Arms (www.ccrkba.org) is one of the nation’s premier gun rights organizations. As a non-profit organization, the Citizens Committee is dedicated to preserving firearms freedoms through active lobbying and facilitating grass-roots gun rights activists in local communities.
Some of our Shooters’ Forum members have asked for t-shirts with AccurateShooter.com logos. Sorry folks, we don’t offer those for sale, but we have searched the internet and found ten great t-shirts for gun guys and gun gals. Most of these shirts are available is multiple sizes, and many offer color choices. You’ll find over 100 more gun-themed shirts at the Etsy.com online store.
Click on each shirt image for more specs and purchase options:
“A well regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed.”
If you’re reading this, you’re probably a firearm owner (most of our Daily Bulletin readers are). But how much do you really know about the history of the Second Amendment to the U.S. Constitution? The Second Amendment itself contains only 27 words (printed above), but those words have a rich history behind them.
To illuminate the origins of the Second Amendment, and to explain how its interpretations have evolved over the years, Arizona Attorney, the journal for the State Bar of Arizona, has published a detailed two-part “Illustrated History” of the Second Amendment by attorney Robert J. McWhirter, an expert on the Bill of Rights. To read the two-part series, CLICK Here for PART ONE, and CLICK Here for PART TWO.
We think all gun owners should read McWhirter’s article, which is both entertaining and insightful. Don’t worry — this is not a dull “law school” treatise. McWhirter’s article features dozens of illustrated footnotes (some fascinating, some merely amusing). Here are some sample footnotes — you can see this is a treasure trove of Second Amendment trivia.
*The American Bar Association has published Mr. McWhirter’s book Bills, Quills, and Stills: An Annotated, Illustrated and Illuminated History of the Bill of Rights.
Gun owners, rights activists, and lovers of liberty will be gathering on the lawn of the Capitol Building in Washington DC on Saturday, November 2nd, 2019, at 1:00 in the afternoon. The 2nd Amendment Rally is organized by The Firearms Coalition. We invite all interested firearms owners who can reach DC (without difficulty) to attend the rally, and show support for our Second Amendment rights.
Commentary by Jeff Knox, Firearms Coalition
This is a grassroots effort, and you are the grassroots. Without the active participation of you and other grassroots activists, this isn’t going to work. At the recent Gun Rights Policy Conference, activist Nicki Stallard characterized the difference between rights activists and gun control extremists, saying that we’re herding cats, while they are stampeding cattle. That’s pretty accurate, though I think sheep or lemmings would be more appropriate in describing anti-rights activists.
If you live within 200 miles of DC, there is little excuse for missing this critical event, and many people who live much farther away will be doing whatever it takes to be there. Buses are being arranged by local groups from as far away as New York, Ohio, and South Carolina. Check with your local groups to see what arrangements are being made, and if they aren’t doing anything, take the initiative and volunteer to be the local coordinator to take reservations and rent a bus or van.
The core message of the 2nd Amendment Rally, is “We Are the Gun Lobby”, as in “We the People”, and we demand that the Constitution and the Bill of Rights be respected and adhered to. President Trump, Vice President Pence, Rep. Scalise, Rep. Massie, Sen. Paul, and other congressional leaders have been invited, to join with grassroots rights leaders and activists from around the country. CLICK HERE for list of speakers.
About the Firearms Coalition
The Firearms Coalition is a loose-knit coalition of individual Second Amendment activists, clubs and civil rights organizations. Founded by Neal Knox in 1984, the organization provides support to grassroots activists in the form of education, analysis of current issues, and with a historical perspective of the gun rights movement. The Firearms Coalition has offices in Buckeye, Arizona and Manassas, VA. Visit: www.FirearmsCoalition.org.
The National Rifle Association (NRA) declared victory in San Francisco last week, after Mayor London Breed formally disavowed key provisions of a municipal resolution that signaled the blacklisting of contractors linked to the Second Amendment advocacy group.
On September 3, 2019, the San Francisco Board of Supervisors, which runs the City and County of San Francisco, unanimously approved a resolution that called for the City to investigate ties between its contractors/vendors and the NRA. The SF Board’s resolution declared the NRA was a “domestic terrorist organization.” Not surprisingly, the NRA sued.
On September 9, 2019, less than a week after the resolution was enacted, the NRA challenged it as government action attacking its First Amendment rights. In its filing, the NRA called the resolution a “blacklisting” measure, and urged San Francisco’s Federal court to “step in and instruct elected officials that freedom of speech means you cannot silence or punish those with whom you disagree.”
Late last week, rather than await “instruction” from a court, San Francisco Mayor London Breed backed down. In a formal memorandum to City officials, she declared that “no [municipal] department will take steps to restrict any contractor from doing business with the NRA or to restrict City contracting opportunities for any business that has any relationship with the NRA.”
San Francisco Mayor Breed is the “Mayor for All San Franciscans”, unless, of course, you are a Republican, or a firearms owner, or an NRA contractor, or a supporter of the Second Amendment.
“The [Mayor’s] memo serves as a clear concession and a well-deserved win for the First and Second Amendments of the United States Constitution,” says William A. Brewer III, counsel for the NRA. “It is unfortunate that in today’s polarized times, some elected officials would rather silence opposing arguments than engage in good-faith debate.” “The NRA will always fight to protect our members and the constitutional freedoms in which they believe”, added NRA CEO Wayne LaPierre.
The NRA’s challenge to a similar ordinance in Los Angeles remains pending. Last month, the city’s motion to dismiss was denied in its entirety by Dederal District Judge Stephen V. Wilson, who found that the NRA had stated a clear First Amendment claim.
About the NRA
Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen’s group. With over five million members, NRA fights to uphold the Second Amendment and advocates enforcement of existing laws against criminals. The NRA remains the nation’s leader in firearm education and training for law-abiding gun owners, law enforcement, and the armed services.
Another legislative attack on the firearms industry is being pushed in Congress by Democratic party politicians. Rep. Adam Schiff (D-CA) and Sen. Richard Blumenthal (D-CT) reintroduced legislation this week that targets the gun industry, allowing persons to sue the makers of firearms that were used by criminals to cause injury. Currently, such lawsuits are blocked by the Protection of Lawful Commerce in Arms Act (PLCAA) enacted in 2005.
The new Democratic legislation, the “Access to Justice for Victims of Gun Violence Act”, would repeal the PLCAA. If the PLCAA is repealed, then gun-makers could potentially be sued for the actions of criminals using firearms — even if the guns were stolen. If bad guys cause harm with guns, the Democrats want the gun-makers to pay, and keep paying. The goal is to eventually bankrupt the gun industry and put companies such as Colt, Ruger, and Smith & Wesson out of business.
The Democrats have gone after the PLCAA before. NPR reports: “The effort to repeal PLCAA by Democrats on Capitol Hill is not new. Schiff first introduced the measure in 2013, and it has been reintroduced at least two other times without gaining traction.”
The real goal of this legislation is to cripple the gun industry. GunAmerica Digest explains: “One of the primary goals of anti-gunners is to bankrupt the gun industry by repealing the Protection of Lawful Commerce in Arms Act (PLCAA).”
The sponsors of the new legislation claim their legislation is needed to protect citizens. Congressman Schiff (D-CA) declared: “This bill would pierce the gun industry’s liability shield by putting an end to the special protections the gun industry receives when they shirk their fundamental responsibility to act with reasonable care for the public safety.”
GunsAmerica Digest says don’t believe this: “Schiff and Blumenthal are grossly mis-characterizing the purpose of PLCAA. It does NOT protect members of the gun industry from product liability suits for manufacturing or design defects or certain types of negligent conduct. It merely prohibits lawsuits against gun makers for damages resulting from the third-party criminal misuse of their firearms.”
It’s clear what the sponsors of this legislation really want. They seek to destroy the U.S. gun industry through waves of lawsuits — “death by 1000 cuts”. The anti-gunners may not be able to remove the Second Amendment from the Bill of Rights, but if they succeed in bankrupting all the major gun-makers, then the “Right to Keep and Bear Arms” won’t be worth much.
Ammunition Sales Spike with Widespread Concerns Over Coronavirus Pandemic
Tom Gresham noted: “When I created Gun Talk in 1995, gun owners had just seen the passage of two massive anti-rights laws — the Brady Act and the Clinton Gun Ban. The media, when it covered this at all, lied and continued to lie … even when corrected. America’s 100 million gun owners were sick of the slanted news coverage, and they found Gun Talk to be a breath of fresh air…”
“A well regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed.” 
