Judge Grants Preliminary Injunction in SAF Action v. Massachusetts Governor

Second Amendment

The lawsuit was filed April 9 and the case is known as McCarthy v. Baker. In reaction to the coronavirus outbreak, Gov. Baker issued an emergency order that, according to the federal complaint, 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.”

“We are delighted at the decision by U.S. District Judge Douglas P. Woodlock and the swiftness with which it was reached,” said SAF founder and Executive Vice President Alan M. Gottlieb. “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, same as we’re taking on Governor Baker.”

Speaking from the bench during the 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.

“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,” Gottlieb observed. “We can think of nothing that is more essential than exercising a right protected by the Constitution, especially during a declared state of emergency.

“Gun shops in other states have remained open,” Gottlieb added, “and those stores have come up with creative strategies to serve the public without endangering anyone. We’re confident Massachusetts retailers will be equally ingenious in their compliance with social distancing and sanitation requirements. We will continue pressing these cases wherever they’ve shown up because we’re not just talking about business here, we’re talking about rights.”

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Don McDowell, Arizona native, is an avid outdoorsman and has been an active bass pro fisherman for over 16 years and in the past 15 years has developed his own radio show promoting bass fishing and conservation efforts for bass fishing that escalated to nominations with several bass groups and organizations. In the past 12 years, Don has pursued his conservation agenda through AZBFN-TBF as Conservation Director and with the Arizona Game and Fish Department, in the spring of 2014 redesigned his website to include those efforts highlighted below and has increased the AZGFD exposure, public education of the AZGFD and Commission issues on his radio show and website soliciting local and national support for Arizona. 2014 has seen the founding of SRT Outdoors, Inc., 501 C3 organization, “Not for Profit, for Conservation” which is concentrating on grants for mitigating the effects of Gizzard Shad on Roosevelt lake thorough habitat enhancement, Florida Strain Bass stocking, lakes bottom mapping, etc. and feral hog research.

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