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Summary: Federal challenge to Massachusetts' elimination of 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.

Plaintiffs: Michael McCarthy, William R. Biewenga, Laurie Warner, Timothy Galligan, Jim Simmons, David Lantagne, Alfred Morin, Troy City Tactical llc, Precision Point Firearms llc, Shooting Supply llc, Downrange INC. d/b/a Cape Cod Gun Works, Firearms Policy Coalition, Commonwealth Second Amendment, and Second Amendment
Foundation

Defendants: Charles D. Baker, in his Official Capacity as Governor of the Commonwealth of Massachusetts; Monica Bharel MD, MPH, in her Official Capacity as Commissioner of the Massachusetts Department of Public Health; Jamison Gagnon, in his Official Capacity as Commissioner of the Department of Criminal Justice Information Services; Albert F. Dupre, in his Official Capacity as Chief of the Fall River Police Department; Robert F. Rufo, in his Official Capacity as Chief of the Woburn Police Department; Keith A. Pelletier, in his Official Capacity as Chief of the Westport Police Department and Matthew Sonnabend, in his Official Capacity as Chief of the Barnstable Police Department

Litigation Counsel: J. Steven Foley, Law Office of J. Steven Foley; David D. Jensen, Esq, David Jensen & Associates; Jason A. Guida, Principe & Strasnick, P.C.


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Key Events & Filings

  • 2020-5-29: Status conference
  • 2020-5-28: MTD due
  • 2020-5-21: Answer due
  • 2020-5-7: AMENDED PRELIMINARY INJUNCTION ORDER entered. Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara)
  • 2020-5-7: PRELIMINARY INJUNCTION ORDER. The terms of this Order will take effect at 12:00 p.m., Saturday May 9, 2020 in order to allow for notice by Commonwealth public safety officials to licensees, licensing authorities, state and local law enforcement officials, and members of the public. Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara) (Entered: 05/07/2020)
  • 2020-5-7: Clerk's Notes for Motion Hearing held via video and phone before Judge Douglas P. Woodlock: Court discusses the proposed forms of order submitted by the parties and hears further arguments regarding the motion for preliminary injunction. Court GRANTS the Motion for Preliminary Injunction and will enter the Order to go into effect 12:00 noon on Saturday, May 9, 2020. Defendants move for stay pending appeal which is DENIED. Defendants to answer complaint no later than May 21, 2020. Defendants to file a motion to dismiss no later than May 28, 2020. In addition, the parties shall jointly file a proposed scheduling order no later than May 28, 2020. Further status conference scheduled for May 29, 2020 at 10:00 a.m. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Jensen, Foley, Couture, Kobrick, Klein) Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara)
  • 2020-4-28: Opposition to TRO/MPI; Affidavit and Exhibits in Support of Opposition
  • 2020-4-27: Amicus brief of GOAL, NRA in support of Plaintiffs
  • 2020-4-17: Motion for Leave to File Amicus and Proposed Amicus Brief by Pink Pistols
  • 2020-4-14: Motion for Temporary Restraining Order and Preliminary Injunction
  • 2020-4-9: Complaint

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