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Comm2A, SAF, GOAL and FPC file against Baker admin on shop closures

So, when Covid-20 rolls into town what, if anything, prevents Gov/AG/Speaker from doing this again ? Don't we want an official "essential" tag for both shops and ranges from now on and forever?
 
EddieZoom said:
So, when Covid-20 rolls into town what, if anything, prevents Gov/AG/Speaker from doing this again ? Don't we want an official "essential" tag for both shops and ranges from now on and forever?
Click to expand...
This is what I keep thinking about. Not only gun shops/ranges etc. but the whole freakin economy. We just going to shut down the country again, once corona ramps up again in the fall/winter??? [banghead]
 
I just got an e mail from 4 seasons saying no appointments nessasary any more, though they will honor the appointments people already made for next week, they have a new system of 2 lines one for ammo etc, one for fire arms purchase something must have changed??
 
Happy feet said:
I just got an e mail from 4 seasons saying no appointments nessasary any more, though they will honor the appointments people already made for next week, they have a new system of 2 lines one for ammo etc, one for fire arms purchase something must have changed??
Click to expand...

Tombstone Trading just posted a video on facebook saying the same.
 
Happy feet said:
I just got an e mail from 4 seasons saying no appointments nessasary any more, though they will honor the appointments people already made for next week, they have a new system of 2 lines one for ammo etc, one for fire arms purchase something must have changed??
Click to expand...



MassLive.com - Gun Shops can resume normal operations

"The first phase of the Massachusetts reopening plan imposes no capacity restrictions on gun shops, allowing them to resume normal operations once they first implement the workplace safety standards, according to Baker administration officials. "
 
EddieZoom said:
I will do my part and shoot 60% slower with even slower reloads ;-)

Whatever I need to do to help comply,,,,

<Edit>....come to think of it, I haven't shot in so long this is probably not too far from the truth ;-)

Oh, and I promise to miss badly at least once per mag...
Click to expand...

Just got back from my first range trip in months....confirmed....I suck more now than I used to. A reminder to all...shooting is a perishable skill...use it or lose it !!!
 
andrew1220 said:
This is what I keep thinking about. Not only gun shops/ranges etc. but the whole freakin economy. We just going to shut down the country again, once corona ramps up again in the fall/winter??? [banghead]
Click to expand...

Ramps up in the fall? It ain't going away in the summer - hate to break it to folks... It's spreading in TX right now and it's hot AF there now. It spread in December (summer) in Australia... It ain't going away when the weather gets warm... Anyone paying attention knows better.
 
Th
CAR said:
MassLive.com - Gun Shops can resume normal operations

"The first phase of the Massachusetts reopening plan imposes no capacity restrictions on gun shops, allowing them to resume normal operations once they first implement the workplace safety standards, according to Baker administration officials. "
Click to expand...
CAR said:
MassLive.com - Gun Shops can resume normal operations

"The first phase of the Massachusetts reopening plan imposes no capacity restrictions on gun shops, allowing them to resume normal operations once they first implement the workplace safety standards, according to Baker administration officials. "
Click to expand...

Thanks to Comm2A for the win and fighting the good fight.

Bob
 
So what's the status on this now? Waiting the judge's final order? Or another hearing on the range closures? I assumed there will still be a ruling on limiting the state's ability to pull this crap again without having to go to the courts for the same relief?
 
Waher said:
So what's the status on this now? Waiting the judge's final order? Or another hearing on the range closures? I assumed there will still be a ruling on limiting the state's ability to pull this crap again without having to go to the courts for the same relief?
Click to expand...

The state has moved to dismiss as moot.

Motion to dismiss: https://www.courtlistener.com/recap/gov.uscourts.mad.220544/gov.uscourts.mad.220544.104.0.pdf
Memorandum in support of motion to dismiss: https://www.courtlistener.com/recap/gov.uscourts.mad.220544/gov.uscourts.mad.220544.105.0.pdf

The plaintiffs have proposed a pretrial schedule: https://www.courtlistener.com/recap/gov.uscourts.mad.220544/gov.uscourts.mad.220544.106.0.pdf
 
Coyote33 said:
Of COURSE they would. They wouldn't want anything to prevent them from doing the same thing in the future.
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I think this is a case where it's useful that we have a deliberative system of justice that doesn't move too quickly. I have a feeling the case will stay open long enough to prevent Charlie from doing it again, at least during this pandemic.

I'm sure he'll try it again during COVID-20, though.
 
Dadstoys said:
Would the TRO still carry any weight in the future if the case doesn't move forward or would it just be water under the bridge ?
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It's a preliminary injunction (TROs only last 14 days). It might carry persuasive weight, but it wouldn't be precedential. That said, I'm inclined to say it would raise judicial hackles if the case was dismissed for mootness and Baker did it again during this pandemic, even if it ended up with a different judge that's more anti-2A.

Judges really don't like people questioning the authority of the judiciary or "judge shopping", and that would likely trump the judge's individual beliefs on the case. Their attitude would be, you had a federal district court tell you you violated citizens' constitutional rights, you changed your behavior to moot the case, then you did it again?!
 
Boston4567 said:
It's a preliminary injunction (TROs only last 14 days). It might carry persuasive weight, but it wouldn't be precedential. That said, I'm inclined to say it would raise judicial hackles if the case was dismissed for mootness and Baker did it again during this pandemic, even if it ended up with a different judge that's more anti-2A.

Judges really don't like people questioning the authority of the judiciary or "judge shopping", and that would likely trump the judge's individual beliefs on the case. Their attitude would be, you had a federal district court tell you you violated citizens' constitutional rights, you changed your behavior to moot the case, then you did it again?!
Click to expand...

Like the NYS carry case that just went to SCOTUS?
 
Boston4567 said:
It's a preliminary injunction (TROs only last 14 days). It might carry persuasive weight, but it wouldn't be precedential. That said, I'm inclined to say it would raise judicial hackles if the case was dismissed for mootness and Baker did it again during this pandemic, even if it ended up with a different judge that's more anti-2A.

Judges really don't like people questioning the authority of the judiciary or "judge shopping", and that would likely trump the judge's individual beliefs on the case. Their attitude would be, you had a federal district court tell you you violated citizens' constitutional rights, you changed your behavior to moot the case, then you did it again?!
Click to expand...

Thanks
I was wondering if we might be back to square one if it gets mooted.
 
Dadstoys said:
Would the TRO still carry any weight in the future if the case doesn't move forward or would it just be water under the bridge ?
Click to expand...
If there was another stay-at-home order after the TRO expired, and the state again ordered the closure of guns stores as 'non-essential, we'd be back in court with the same judge.
 
Update from Friday:

www.law360.com

Mass. Gun Shops Say Reopening Doesn't Moot Case - Law360

Massachusetts Gov. Charlie Baker's decision to allow gun shops to reopen during the pandemic following a successful legal challenge by retailers doesn't moot their case, an attorney for the stores told a federal judge Friday, citing the possibility that a second wave of the coronavirus could...
www.law360.com www.law360.com
 
Baker administration lawyers had taken the position that the limited time frame for the closures was enough to justify the actions
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That's like saying "False information, or truthful information that causes panic, is harmful, so for a limited time, we are requiring govenmental pre-approval of news media reports on C-19. The limited timeframe of this prior restraint justifies the action."
 
Boston4567 said:
It's a preliminary injunction. I'm fairly sure it's binding on both parties. It's definitely questionable whether it's binding on other gun shops not party to the suit. I think only the court can modify the order, and until then it's in full effect. Hopefully someone here can shine more light on this.

Edit: At least one gun shop (not party to the lawsuit) is no longer requiring appointments, effective today. You may be right that the injunction was only binding on the state.
Click to expand...
It can only be binding on the state in that it restricts the extent the state can restrict constitutionally protected behaviors.
 

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