The federal courts must rule that gun ownership is an essential right and uphold a federal lawsuit filed by firearms advocates challenging a portion of California's ongoing shelter-in-place order that says otherwise, plaintiffs in that case say.
“These governments' contempt for individuals' enumerated constitutional rights reinforces the need for the courts to step in and prevent government officials from overstepping constitutional bounds," Firearms Policy Coalition Director of Legal Strategy Adam Kraut said. "We will continue to work with our friends to bring litigation against governments that refuse to recognize the People’s inalienable right to keep and bear arms, particularly in times where it is most needed."
Kraut is co-counsel on behalf of plaintiffs in the lawsuit filed late last month in U.S. District Court for California's Central District.
Gun advocates suing state and local government maintain that firearm ownership is an essential Constitutional right, which means gun stores should remain open
| FreeImages - Veiko Veski
The coalition is one of more than a dozen named plaintiffs in the case, including Fairfax, Virginia-based National Rifle Association. Other plaintiffs include the Gun World in Burbank, Match Grade Gunsmiths in Cerritos, The Target Range in Van Nuys, A Place To Shoot in Santa Clarita and California Gun Rights Foundation
The lawsuit filed late last month in U.S. District Court for California's Central District, names Gov. Gavin Newsom and other state and local officials as defendants. The lawsuit asks the court for, among other things, a restraining order on implications in Newsom's shelter-in-place order that gun stores are not essential.
Newsom's March 19 order referred to the Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19, issued the same day, which does not specifically mention gun stores and firearms dealers. The memorandum lists businesses that are considered "essential."
Without being mentioned as essential, the memorandum indicates that gun stores - along with many other businesses in the state - were deemed "nonessential" and have been forced to close.
The case is about gun ownership as guaranteed by the U.S. Constitution, Firearms Policy Coalition President Brandon Combs said.
"The Bay Area is not exempt from the Bill of Rights, and these outrageous and irrational restrictions on gun stores and ranges is a policy preference that the Constitution takes off the table," Combs said. "FPC and our partners look forward to reminding these governments and officials that the People’s Constitution is bigger than their personal opinions."