Jump to content

California’s COVID gun store shutdowns ruled illegal

Recommended Posts

This should also apply to NJ and any other state where gun stores were forced to close during the pandemic. Remember, our governor was asked if the shutdowns were constitutional, and he responded, "I wasn't thinking about the Bill of Rights, and it's above my paygrade."

...."SACRAMENTO, Calif. (AP) — Two California counties violated the Constitution’s right to keep and bear arms when they shut down gun and ammunition stores in 2020 as nonessential businesses during the coronavirus pandemic, a federal appeals court ruled Thursday.

Officials in Los Angeles and Ventura counties had separately won lower court decisions saying gun stores were not exempt from broader shutdown orders aimed at limiting the spread of the coronavirus early in the pandemic.

A three-judge panel of the 9th U.S. Circuit Court of Appeals rejected both lower court rulings.

The Second Amendment “means nothing if the government can prohibit all persons from acquiring any firearm or ammunition,” Judge Lawrence VanDyke wrote. “But that’s what happened in this case.”

Because buyers can obtain guns only by personally going to gun stores in California, Ventura County’s 48-day closure of gun shops, ammunition shops and firing ranges “wholly prevented law-abiding citizens in the County from realizing their right to keep and bear arms,” he wrote.


Share this post

Link to post
Share on other sites

I've heard a 3 judge panel of the 9th circuit just overturned this...


At least, for a little while, until it goes "en banc" and they re-instate it.  :bsmeter:

Share this post

Link to post
Share on other sites

NJ was one of these states. Can the gun dealers go back and sue the state for lost business during the shut downs:

....."The decision holds that governments “cannot use a crisis to trample on the constitutional rights of citizens,” said Michael Jean, director of the National Rifle Assn.’s Office of Litigation Counsel that sued in the Los Angeles County case. It also sued Alameda, Contra Costa, Santa Clara and San Mateo counties over their restrictions in Northern California, but the last three were dismissed from the lawsuit when they repealed their orders.

Similar restrictions were imposed in 10 other states, according to the Firearms Policy Coalition, another gun owners’ rights groups that sued: Connecticut, Georgia, Massachusetts, Michigan, Mississippi, New Jersey, New Mexico, New York, North Carolina and Virginia."

  • Like 1

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Recently Browsing   0 members

    No registered users viewing this page.

  • Create New...