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A national gun rights group has filed a federal lawsuit against Attorney General Maura Healey and Governor Charlie Baker in an effort to allow firearms dealers to reopen during the COVID-19 crisis, the organization announced Thursday.

The Gun Owners of America, based in Virginia, joined more than a dozen other gun stores and manufacturers in suing Baker and Healey, claiming their Second Amendment rights have been violated and their businesses are suffering immediate, irreparable, injuries, according to the lawsuit.

The complaint, filed Wednesday in US District Court in Boston, is the second federal lawsuit in a week filed by gun shop owners seeking to reopen their businesses amid the pandemic. State officials have said the closings are necessary to slow the spread of coronavirus.

The Department of Homeland Security designated the firearms industry as essential but Baker removed the firearms industry from the states list of essential businesses, forcing them to close until at least May 4.

Governor Baker and AG Healey must do an about-face and uphold their oaths of office by respecting the Constitution and Bill of Rights, Senior Vice President of GOA Erich Pratt said in a statement from the organization. Many jurisdictionseven anti-gun states like New Jerseyhave reopened gun stores and are now following the federal guidance. Its time that Massachusetts follows this guidance as well.'

The lawsuit seeks an injunction to lift the restrictions.

Spokespersons for Baker and Healey did not immediately respond to requests for comment Thursday night.

Andrew Couture, the Lemonister-based lawyer who filed the complaint, said the purpose of the suit is to protect small, family owned firearms stores. Theyre struggling because they are not only closed, but they are not eligible for state programs providing financial assistance to other small businesses, he said.

These are these are mom and pop stores that operate on a shoestring budget to begin with, he said in an interview. Under the cloak of the COVID-19 scare, this is one way to bankrupt the entire gun industry in Massachusetts. All these mom and pop stores that service the Second Amendment community. . .they cant get through this.

Stephanie Purifoy can be reached at stephanie.purifoy@globe.com. Follow her on Twitter @steph_purifoy

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National gun groups sues Mass. over shop closings - The Boston Globe

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WHAT TO KNOW TODAY

How COVID-19 could affect the Supreme Courts current gun case.The petitioners inNew York State Pistol and Rifle Association v. City of New Yorkarguethat a city restriction on gun owners taking their firearms outside the five boroughs violated the Second Amendment. The city later repealed the law in question, but a broader ruling on the right to bear arms is still very possible. Jake Charles, the executive director of the Duke Center for Firearms Law,surmisesthat the current coronavirus pandemic could have three potential effects on the case:

Charles is betting on the second and then third options as most likely. Read his full piecehere.Go deeper:In November, Trace contributor Olivia Liinterviewedthe legal scholar Joseph Blocher, one of Charless colleagues, about the implications of the case.

A message on gun violence from Chicagos departing top cop:If there is a lesson to be learned from COVID-19, it is that Chicago needs to unite behind the cause of ending gun violence in the same way it has united to flatten the curve, Charlie Beck, the citys interim police superintendent, writes in The Chicago Tribune. After five months at the helm of the department, Beck is set to be replaced by former Dallas Police Chief David Brown. In his swan song, Beck reserved special praise for the citys efforts tosupportcommunity gun violence prevention groups, violence interrupters, and street outreach workers, saying, We both [police and outreach workers] want a city free from the violent crime that has taken its toll on poor and minority communities.

Elsewhere, outreach workers continue to take on dual roles as public health ambassadors.The Cityreports on Street Corner Resources, a nonprofit group that works to curb gun violence in Harlem and is now asking kids to take social distancing precautions. Said Iesha Sekou, the groups founder: Its just like, I know if Im on the corner with 20 kids, theres a gun somewhere. I assume that. Its the same way. Its like the gun is the disease. Somebody in that crowd is a carrier.Dont miss:The Trace reported on similar efforts inChicagoandBaltimore, and in a newcommentarythis week, leaders of two national grassroots anti-violence groups praised such workers as more essential than ever.

A court again sides with Los Angeles over gun store closures.A state judgedenieda request from California gun rights groups and firearms dealers objecting to the citys decision to shutter gun stores under a statewide stay-at-home order. Last week, a federal judgedismisseda similar challenge lodged by the National Rifle Association. Im very pleased that once again our office has successfully defended the mayors Safer at Home Order against a push to open gun stores during this public health emergency, said City Attorney Mike Feuer.Related:Governor Gavin Newsom is letting local officials decide whether the states stay-at-home order should cover gun shops. A Democratic state legislator from Los Angeles wants him to go further byrestrictinggun and ammunition sales during the shutdown altogether.

Preventing the deadly mix of suicide and guns.A newreportfrom the Educational Fund to Stop Gun Violence recommends four solutions to stem what it describes as a heightened risk during the pandemic: Safe gun storage; professionals asking about firearms; having gun dealers be aresourceforsuicide prevention; and states that have red flag lawsprovidingguidance and public awareness on how they can temporarily disarm a gun owner deemed to be a threat to themselves.(If you or someone you know is in crisis, theNational Suicide Prevention Lifelineis available 24 hours a day: 1-800-273-8255.)

Florida man arrested for pandemic-related mass shooting threat.The 62-year-old wasbookedon felony charges after police say he threatened a mass shooting because not enough people were wearing masks at grocery stores. We realize these are stressful times, but there is no excuse for making threats like this, the Highland County Sheriffs Office wrote on Facebook.

DATA POINT

32 the number of lives lost at the Virginia Tech mass shooting, which happened 13 years ago today. Because of the pandemic, the school has cancelled its annual public memorial service. Instead, a ceremonial candle will burn for 24 hours. Virginia Tech

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Daily Bulletin: How Will COVID-19 Affect the Supreme Court's Next Gun Case? - The Trace

The Second Amendment Foundation is pursuing legal action against Cherokee County and Probate Court Judge Keith Wood.

Bellevue, WA -(AmmoLand.com)- The Second Amendment Foundation and Firearms Policy Coalition today filed suit in federal district court in Georgia, in a case alleging Cherokee County and Probate Court Judge Keith Wood have violated the constitutional rights of citizens by ordering that the county would not accept applications for Weapons Carry Licenses during the coronavirus outbreak.

SAF and FPC filed the action in the U.S. District Court for the Northern District of Georgia, Atlanta Division, on behalf of one of their members, Lisa Walters. According to the 16-page federal complaint, Walters husband contacted the probate court several days ago to inquire about her ability to obtain a carry license. The county informed Walters husband that the order to not accept license applications will remain in effect.

This is the most recent in a series of legal actions weve had to file around the country, noted SAF founder and Executive Vice President Alan M. Gottlieb, because weve discovered that some officials have arbitrarily decided the COVID-19 crisis allows them to suspend the Constitutional rights of the citizens they serve. Weve been stunned by this pattern because such actions are not permitted by the Constitution. Authorities may not, by decree or otherwise, enact or enforce a suspension or deprivation of constitutional liberties.

FPC President Brandon Combs concurred, stating,

The Constitution explicitly protects the fundamental human right to bear arms, especially for self-defense. Governments cannot eliminate the right of law-abiding adults tocarry handguns for self-defense in public, which is all the more pertinent in these troubled times. As the Supreme Court has already explained, the Constitution's guarantee of the right to bear arms is especially important for self-defense in case of confrontation, and individuals must be allowed to exercise their rights outside their home.

Second Amendment Foundation

The Second Amendment Foundation (www.saf.org) is the nations 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.

Originally posted here:
SAF Sues Georgia County, Judge Asserting Deprivation of Rights - AmmoLand Shooting Sports News

Flagler Sheriff Rick Staly talks gun stores, quarantine and jail releases with retired Marine Lt. Colonel Oliver North.

Flagler County Sheriff Rick Staly said in an interview with Oliver North that if there was an order in Florida to shut down gun stores during the coronavirus pandemic he would not enforce it.

There is no such order, but the hypothetical question was part of the recent interview by North, a retired Marine Corps lieutenant colonel, as part of Norths Press On America podcast.

North was a main figure in the Iran-Contra affair and was fired as a national security aide in 1986 by President Ronald Reagan shortly after the scandal became public. North was convicted of three charges but the convictions were subsequently thrown out and the charges dismissed. North then went on to become a best-selling author and hosted a military documentary on Fox News.

North was a special guest for Stalys reelection campaign kickoff in November. Republican Stalys only announced challenger so far is Democrat Larry Jones, whom Staly defeated in 2016 by a margin of 54 percent of the vote to 39 percent.

In the podcast, North asked Staly if there had been any effort in Florida and particularly in Flagler County to close gun stores as there have been in some places around the country.

Closing gun stores has triggered controversy and legal fights in some other places, including Los Angeles, Texas and New Jersey.

The answer is absolutely not, Staly said. In Flagler County I'll never let that happen and if they were to pass it I am not going to enforce it.

Staly went on to say he was a staunch supporter of the Second Amendment. He also talked about some police departments that have had large numbers of officers in quarantine either because officers became infected with the virus or have been exposed to others with the virus. Some law enforcement officers have died of exposure to the virus, including one deputy each at the Broward Sheriffs Office and the Palm Beach County Sheriffs Office.

Staly, who leads an agency with about 320 employees including about 200 sworn law enforcement officers, said the coronavirus could idle an entire department

If anytime the gun shops should be open is now, because some smaller communities are going to lose their police force and so then who's going to protect you, Staly said. I hope that doesnt happen in my agency or any agency across the country.

North asked Staly about parts of Flagler County sometimes being referred to as the Sixth Borough of New York,

Staly said many Palm Coast residents are from New York and New Jersey because when ITT developed the city it heavily marketed to those northeastern states.

North asked if Flagler County was seeing a recent influx of residents from New York and New Jersey. The states are among hot zones that Florida Gov. Ron DeSantis ordered residents from to quarantine when they arrive in Florida.

The quick answer is yes, Staly said. We had a resort here that marketed to New York and New Jersey when you change your view to self isolate come to our resort. Probably great marketing but it didnt help to slow the spread of COVID-19.

Staly did not name the resort and could not be reached for comment for this story.

North also asked Staly about another coronavirus caused phenomena, the release of inmates by some jails and prisons across the nation in hopes of preventing an outbreak behind bars. Volusia County and St. Johns County have both released inmates as part of a strategy to help prevent an outbreak.

Staly said he has plenty of room to spread inmates out at his jail, which is only about half full. He added he was not second-guessing the decisions made by jails which are near or over capacity but he would not do it, saying releasing inmates would endanger the community.

I think thats the wrong decision thats being made, Staly said. I also have the luxury that my jail is only at 50 percent capacity. I can move and spread inmates out if i need to but other facilities are at capacity or over capacity. Im not second-guessing decisions that were made.

DON'T MISS AN EPISODE, SUBSCRIBE: iTunes | Google Play

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Flagler sheriff Rick Staly interviewed by Oliver North - Daytona Beach News-Journal

The right to bear arms is at the center of a new federal lawsuit filed in Georgia by the Second Amendment Foundation and Firearms Policy Coalition.

U.S.A. -(Ammoland.com)- The Second Amendment Foundation and Firearms Policy Coalition have filed a federal lawsuit in Georgia on behalf of a resident of Cherokee County, alleging deprivation of rights because the county and Probate Judge Keith Wood have suspended the process for Georgia Weapons License (GWL) applications as a result of the coronavirus pandemic.

The case names as defendants Georgia Gov. Brian Kemp, Georgia Department of Public Safety Commissioner Gary Vowell, Cherokee County, and Judge Wood, in their official capacities.

This lawsuit was filed in U.S. District Court for the Northern District of Georgia, Atlanta Division. The case is known as Walters v. Kemp. Plaintiffs are represented by attorney Adam Kraut of Sacramento, Calif., John R. Monroe of Dawsonville, Ga., and Raymond M. DiGuiseppe of Southport, N.C.

According to the 23-page complaint, On or around March 14, 2020, Defendant Judge Wood of the Cherokee County Probate Court issued a Notice to the Public suspending all processing of carry license applications for two months, through May 13.

This order was purportedly based upon declarations of the Chief Justice of the Georgia Supreme Court declaring a statewide judicial emergency (JEO), following the Governors Declaration of Emergency in response to the COVID-19 public health crisis, the document explains.

But because the state has a general ban against carrying loaded operable handguns outside the home or vehicles without a GWL, the complaint alleges, Cherokee County residents who could qualify for a license have been denied any chance to lawfully carry such a weapon in public, anywhere outside the limited confines of their homes, cars, and workplaces, for self-defense or for any other lawful purposes.

Essentially, the lawsuit contends, Cherokee County and the judge have closed their GWL application doors to Plaintiff Walters and other individuals like her.

Here is what can be found on Judge Woods Probate Court website:

NOTICE TO THE PUBLIC

On March 14, 2020, Georgia Supreme Court Chief Justice Harold D. Melton issued an order Declaring a state-wide judicial emergency order based on the Coronavirus/ COVID-19 pandemic. An order entered on April 6, 2020 extends this period through May 13, 2020.

This order, in part, limits court operations to only those matters which are deemed essential.

The public should avoid coming to the Probate Court offices during the period of time covered by this Justice Melton's order. However, the Court recognizes that some types of proceedings are essential to be handled on an emergency basis. In order to continue meeting the needs of the citizens of this county and taking into consideration the nature of the current pandemic, the following shall apply during the pendency of the judicial emergency:

ESSENTIAL MATTERS

The following matters are deemed essential and shall be processed as a normal course of business:

NON-ESSENTIAL MATTERS

The following matters are deemed non-essential and will not be accepted during the pendency of the judicial emergency:

Weapons Carry Licenses

Weapons Carry License application WILL NOT be accepted during the period covered by the judicial emergency. The emergency order extends the period for renewal for any Weapons Carry License that expires during this period of time.

This is the most recent in a series of legal actions weve had to file around the country, noted SAF founder and Executive Vice President Alan M. Gottlieb, because weve discovered that some officials have arbitrarily decided the COVID-19 crisis allows them to suspend the Constitutional rights of the citizens they serve. Weve been stunned by this pattern because such actions are not permitted by the Constitution. Authorities may not, by decree or otherwise, enact or enforce a suspension or deprivation of constitutional liberties.

Over the past month, SAF, FPC and other groups including the National Rifle Association, have filed several federal legal actions, primarily challenging orders by governors to shut down gun stores, but this lawsuit in Georgia differs because it is directed at a problem for law-abiding citizens wanting to protect themselves outside the home. It challenges a jurisdictions authority, and that of officials in said jurisdiction, to suspend accepting applications for concealed carry permits or licenses.

The case could have implications reaching far beyond the Georgia border, all the way to the Pacific Northwest.

In several jurisdictions, licensing authorities or law enforcement agencies have not been accepting new applications for carry permits or licenses because the process normally involves fingerprinting for background check purposes. Fingerprints cannot be taken without actual physical contact between agency personnel and an applicant. Various county sheriffs offices and police departments around the country have suspended the process while the pandemic continues.

How this lawsuit might affect those situations in other parts of the country is open to speculation.

The Constitution explicitly protects the fundamental human right to bear arms, especially for self-defense, said FPC President Brandon Combs. Governments cannot eliminate the right of law-abiding adults to carry handguns for self-defense in public, which is all the more pertinent in these troubled times. As the Supreme Court has already explained, the Constitution's guarantee of the right to bear arms is especially important for self-defense in case of confrontation, and individuals must be allowed to exercise their rights outside their home.

A similar lawsuit was reportedly filed against Gov. Kemp and Fulton County Probate Judge Pinkie Toomer by resident of that county, Sara Carter, and Georgia Carry. According to the Atlanta Journal Constitution, plaintiffs attorney John Monroe noted the problem with these delays. A citizen cannot carry a firearm without a license, and if probate judges dont issue licenses, the right to carry has effectively been removed.

This lawsuit came only days after SAF, FPC and others sued in New Mexico, and only a few days earlier, had filed a federal lawsuit in Massachusetts. SAF and FPC have been involved in legal actions in several states, and there are still other targets being considered.

Whether these legal actions have any deterrent effect is also a matter of speculation.

Only in states with so-called constitutional carry statutes that allow the carrying of sidearms openly or concealed without a license (or permit) is this not an issue.

Since the pandemic emergency was declared nearly two months ago, there has been a rush on gun stores across the country. It only figures that more people would be interested in obtaining carry permits/licenses to have their defensive firearms with them in the event of an emergency away from home.

Recently, the Citizens Committee for the Right to Keep and Bear Arms publicly welcomed all of the new gun owners to the firearms community, counseling them to seek competent instruction in the safe use and handling of guns.

RELATED:

Historical Irony: 2A Groups Sue Mass. Gov. Baker as Battle Anniversary Looms

About Dave Workman

Dave Workman is a senior editor atTheGunMag.comand Liberty Park Press,author of multiple bookson the Right to Keep & Bear Arms and formerly an NRA-certified firearms instructor.

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SAF, FPC File Lawsuit Alleging 'Deprivation of Rights' in GA County - AmmoLand Shooting Sports News