Explore The NRA Universe Of Websites

APPEARS IN News

Federal Judge Enjoins Massachusetts Gun Store Lockdown

Monday, May 11, 2020

Federal Judge Enjoins Massachusetts Gun Store Lockdown

Last week, Judge Douglas P. Woodlock of the U.S. District Court for the District of Massachusetts issued a preliminary injunction that allows gun stores to resume operation in the Bay State as long as they adhere to a set of social distancing guidelines. The ruling is an important victory in the fight to protect Second Amendment rights during the ongoing COVID-19 crisis.

On March 23, Governor Charlie Baker issued COVID-19 Order No. 13, which required the closure of all businesses not deemed "essential." The order did not designate gun stores as "essential" businesses. 

On March 28, the Trump administration updated the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency​ ("CISA") guidance on the critical infrastructure that should remain open during state shutdown orders due to COVID-19.​ The guidance identified "Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges" as critical infrastructure.

Following the federal government's determination, on March 31, Baker issued COVID-19 Order No. 21. Complying with the DHS guidelines, the order designated firearms retailers as "essential" businesses.

However, later that same day the Baker administration removed firearm retailers and shooting ranges from the list of essential businesses. This reversal was cheered by Massachusetts Attorney General Maura Healey, who declared to her Twitter followers, "Gun shops and shooting ranges are NOT essential businesses during a public health emergency."

On April 9, a group of Massachusetts gun stores filed suit to halt Baker's gun store closure on Second Amendment grounds. Later that month, NRA and its state affiliate Gun Owners' Action League filed an amicus brief in support of the plaintiffs.

In the amicus brief, NRA made clear that Baker's orders were an impermissible violation of the Second Amendment. The brief pointed out that in the landmark case District of Columbia v. Heller the U.S. Supreme Court invalidated a total ban on the acquisition of a single class of firearm - handguns. Baker's order effectively prohibited the acquisition of all classes of firearms in Massachusetts and therefore are illegal under Supreme Court precedent.

Further, the brief noted that Baker's order was impermissible under First Circuit precedent. In the 2018 case Gould v. Morgan, the U.S. Court of Appeals for the First Circuit adopted a controversial two-step analysis for Second Amendment cases. First the court must determine "whether the challenged law burdens conduct that falls within the scope of the Second Amendment’s guarantee." If the measure does implicate the Second Amendment right then the court is tasked with determining what level of scrutiny to apply to the measure and whether the law is permissible under that level of scrutiny. 

In Gould, the First Circuit “identified the core of the Second Amendment right as ‘the possession of operative firearms for use in defense of the home’ by responsible, law-abiding individuals.”​ As Baker's order foreclosed the ability to acquire firearms for this purpose, the order struck at the core of the Second Amendment right.

The First Circuit also made clear in Gould that “A law or policy that burdens conduct falling within the core of the Second Amendment requires a correspondingly strict level of scrutiny​." Therefore analysis of the Baker orders demands strict scrutiny.

Strict scrutiny requires that the Government prove the restriction furthers a compelling interest and is narrowly tailored to achieve that interest. A closure of all firearms-related businesses is not narrowly tailored. Moreover, the state cannot demonstrate that a blanket closure of firearm retailers will directly or materially alleviate the harms posed by COVID-19​ considering the plaintiffs challenging the order stated that they would abide by all social distancing and workforce requirements for the operation of essential businesses. ​

Woodlock's order underscores the excessive nature of Baker's actions, as the standard for obtaining a preliminary injunction is rigorous. A plaintiff must show that they are likely to succeed on the merits of the case, show that there is irreparable harm without the injunction, demonstrate that the balance of equities is in their favor, and establish that the injunction is in the public interest. In granting the preliminary injunction, Judge Woodlock made clear that Baker's orders are likely unconstitutional, cause irreparable harm to Bay Staters' rights, and that this attack on Second Amendment rights was against the public interest.

According to Reuters, Baker told the press that his office will review Woodlock's order and stated,  "[w]e will certainly comply with any kind of judicial ruling on anything." Sincere compliance with a lawful court order would mark a welcome change in the Baker administration. In late 2018, the Baker administration declared its intent to defy court orders issued by the state's courts pertaining to the issuance of firearms licenses before backing down in early 2019.

NRA will continue to monitor the situation in Massachusetts and work to ensure that Second Amendment rights are not a casualty of the COVID-19 crisis.​ Please visit www.nraila.org/coronavirus to stay up-to-date on this and other important COVID-19 related Second Amendment issues.

IN THIS ARTICLE
Massachusetts Covid-19 Gun Shops
TRENDING NOW
United Nation’s Attack on Ammunition Formally Begins

News  

Monday, July 7, 2025

United Nation’s Attack on Ammunition Formally Begins

The recently concluded negotiations on the United Nations’ Global Framework on Through-Life Conventional Ammunition Management (Framework) should be of grave concern to anyone who values the constitutional protections afforded by the Second Amendment. 

U.K. Embarks on Fresh Knife Amnesty, Reminds Americans Why 1776 was a Good Idea

News  

Monday, July 7, 2025

U.K. Embarks on Fresh Knife Amnesty, Reminds Americans Why 1776 was a Good Idea

It has been a while since we’ve looked at weapon news from across the pond, but with Americans everywhere having just celebrated the Glorious Fourth and our independence from British monarchy, the timing seems particular ...

NRA and 2A Allies Announce NFA Lawsuit

Monday, July 7, 2025

NRA and 2A Allies Announce NFA Lawsuit

Following the passage of the “One Big Beautiful Bill”—which eliminates the National Firearms Act of 1934’s (NFA) excise tax on suppressors, short-barreled rifles, short-barreled shotguns, and AOWs—the National Rifle Association issued a joint statement along with the ...

President Trump Signs the “One Big Beautiful Bill Act” into Law

News  

Friday, July 4, 2025

President Trump Signs the “One Big Beautiful Bill Act” into Law

Earlier today, on the 4th of July, a day on which our Founding Fathers declared their intent for a free nation, the President of the United State of America, Donald Trump, signed the “One Big ...

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

Congress Passes the “One Big Beautiful Bill,” Now Headed to President Trump

News  

Thursday, July 3, 2025

Congress Passes the “One Big Beautiful Bill,” Now Headed to President Trump

Earlier today the U.S. House of Representatives passed the “One Big Beautiful Bill.” This bill contained a provision that would, among other things, eliminate the burdensome $200 excise tax imposed by federal law on suppressors, short-barreled firearms, ...

Maine: Public University Professor Belittles Student for 2A and Religious Views

Wednesday, July 2, 2025

Maine: Public University Professor Belittles Student for 2A and Religious Views

Maine's public education system has recently faced national scrutiny, and it appears things are only getting worse, not better, in the Pine Tree State. 

Progress in the Fight to Protect the Firearms Industry and Gun Owners from Financial Discrimination

News  

Monday, July 7, 2025

Progress in the Fight to Protect the Firearms Industry and Gun Owners from Financial Discrimination

In June, the American firearms industry lodged a resounding victory against attempts by gun control advocates to put it out of business with frivolous lawsuits when the U.S. Supreme Court issued its 9-0 ruling in Smith & Wesson ...

HAPPY 100TH BIRTHDAY, NORRIS N. JERNIGAN!

Take Action  

Monday, July 7, 2025

HAPPY 100TH BIRTHDAY, NORRIS N. JERNIGAN!

As we celebrate this remarkable milestone for this remarkable man, we honor the life and legacy of Norris N. Jernigan, a World War II veteran who served in the intelligence office with the 393rd Bomb Squadron of the ...

Maine: Lawmakers Call for Anti-2A Progressive Professor to Be Fired

Tuesday, July 8, 2025

Maine: Lawmakers Call for Anti-2A Progressive Professor to Be Fired

In case you missed the media firestorm last week, a progressive professor at Eastern Maine Community College in Bangor, Maine, has come under fire for her emails belittling a student for her religious beliefs and views ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.