Gun-Store Lockdowns Deemed Unconstitutional

by
posted on January 28, 2022
newguns.jpeg

A three-judge panel of the Ninth Circuit Court of Appeals recently ruled that Los Angeles County’s closure of gun stores at the start of the COVID-19 pandemic was unconstitutional.

In the panel’s decision, Judge Andrew Kleinfeld wrote that the Los Angeles County order “severely burdens the core of the Second Amendment right at a time of crisis, precisely when the need to exercise that right becomes most acute.” Judges Ryan Nelson and Lawrence VanDyke concurred with Kleinfeld’s opinion.

Though the stores were only closed for 11 days in Los Angeles, the decision aptly noted that “11 days instantly becomes 21 days when adding California’s 10-day waiting period for acquiring firearms,” before adding that the orders “could be perpetually extended if the County so decided.”

“The court today recognized that Los Angeles County violated Second Amendment rights when it shut down gun stores and ranges in the beginning of the COVID-19 pandemic. This is an important decision. It ensures that California – or any state – cannot use a crisis to trample on the Constitutional rights of citizens,” said Michael Jean, NRA director of the Office of Litigation Counsel.

The decision from the Ninth Circuit is a welcome one that strikes against overreaching government officials who seek any method possible to curtail our Second Amendment rights. Localities in California weren’t the only ones that attempted to use this dishonest tactic, either.

As we’ve written here at A1F.com, firearms ranges and stores are absolutely essential businesses. “The ‘essential’ nature of the Second Amendment was protected from government infringement when the U.S. Bill of rights was ratified over two centuries ago. This right is fundamental—during local or national emergencies, this right must especially be protected so good citizens can stay safe and secure.”

The Trump administration had issued official guidelines that included gun stores as essential during the early response to the global pandemic: “Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors and shooting ranges.”

Nonetheless, anti-gun politicians in many areas sought to curtail the rights of law-abiding citizens by imposing regulations to shut down gun stores and other businesses designated as essential that are involved in Second Amendment-related activities. Fortunately, the NRA Institute for Legislative Action (NRA-ILA), along with others in the pro-gun community, challenged the Los Angeles County order—as well as similar overbearing COVID-19 restrictions, including in New Mexico and New York

If these closures had gone unchallenged, then politicians who don’t like American citizens’ Second Amendment rights might use any emergency to further restrict this critical part of our freedom.

Latest

Don Young
Don Young

Remembering Don Young, NRA Board Member And Congressman

Donald Edwin Young, an Alaskan congressman who has served on NRA’s board since first being elected in 1995, passed away on March 15, 2022, aged 88, while traveling to his home state.

15 State AGs Push for Senate to Reject Dettelbach

In the letter to Sens. Schumer and McConnell, the attorneys general flatly state their opposition to President Biden's nomination to lead the ATF.

The AMA Should Know Better

Over the years, the AMA has supported just about every kind of gun-control plan you could imagine; from bans on “assault weapons” to bans on handguns to waiting periods for gun purchasers.

Independence Day Reminds Us That Freedom Needs Safekeeping

Freedom is a gift. America’s Freedom was purchased with the blood of patriots who fought and died so we could be free.

Déjà Vu: Biden Doubles Down On Weaponizing ATF

Rather than nominating a respected, veteran law-enforcement agent to run the ATF, Biden once again prefers a puppet who will pursue a partisan gun-control agenda.

A Short History of the Semi-Automatic Firearm

Follow the journey and development of firearms to the recent models of the 21st century, and you'll see that the politicians who tell us citizens should not own these guns don't know their history.



Get the best of America's 1st Freedom delivered to your inbox.