Governors of several states have closed gun shops and dealers as part of their orders shuttering 鈥渘on-essential鈥� businesses to the public in the midst of the coronavirus pandemic, drawing the ire and legal firepower of gun rights groups. Adding to the confusion, businesses selling firearms are exempted from these orders in states like Connecticut, Ohio and Illinois.
In at least two states, lawsuits have been filed on behalf of gun purchasers, who argue that guns and ammunition are 鈥渆ssential鈥� and that the closure orders infringe on their Second Amendment rights. And this all comes as many gun shops around the country experience amid coronavirus worries.
Differing Directives On Gun Stores
The decision to shutter gun stores and dealers has so far varied from state to state. Some public officials have chosen to designate gun shops and dealers as 鈥渆ssential businesses鈥� and therefore exempt from closure orders. Others have left them off the list, creating ambiguity about their status or implying they cannot remain open.
So far, there doesn鈥檛 seem to be a political motivation behind the orders and who gets labeled 鈥渆ssential.鈥� Some Democratic governors, for example, have designated firearms dealers 鈥渆ssential,鈥� while others have not included them.
Here鈥檚 a summary of what has happened in various places around the country over the past couple of weeks:
In California, Democratic Gov. Gavin Newsom issued an temporarily closing all 鈥渘on-essential鈥� businesses in the state, which includes gun shops and dealers. Some gun stores have despite the order, which has drawn the attention of law enforcement.
In New Jersey,Democratic Gov. Phil Murphy issued an executive on March 21 that temporarily closed all 鈥渘on-essential retail businesses.鈥� Gun shops are not included in his of exempted businesses. The state police have also the gun background check system, effectively barring most firearms purchases in that state.
New York鈥檚 Democratic Gov. Andrew Cuomo鈥檚 of 鈥渆ssential businesses or entities鈥� that can stay open does not include guns shops or dealers.
And in Pennsylvania,Democratic Gov. Tom Wolf the closure of all businesses in the state that 鈥渨ere not life-sustaining鈥� on March 19. This included gun shops and dealers. But then on March 24, following from three PA Supreme Court justices, the governor updated his of 鈥渓ife sustaining businesses鈥� exempt from the original order to include licensed firearms dealers.
Attorney Adam Kraut represented plaintiffs in the Pennsylvania lawsuit and is the director of legal strategy for the gun rights group the Firearms Policy Coalition.
鈥淚f you鈥檙e closing off the mechanism where people can obtain arms,鈥� Kraut said, 鈥渢hey can鈥檛 exercise the constitutional right [to bear arms] 鈥� particularly those that don鈥檛 have any arms to begin with.鈥�
Three states, including two led by Democratic governors, have taken a different approach. In Illinois, Democratic Gov. J.B. Pritzker included gun shops and dealers as 鈥渆ssential businesses and operations鈥� in his March 21 , drawing from some gun rights groups. In a similar move, 颁辞苍苍别肠迟颈肠耻迟鈥檚Democratic governor Ned Lamont also exempted gun shops from his executive So did OhioRepublican Gov. Mike DeWine in the issued.
In Rhode Island, Democratic Gov. Gina Raimondo has so far allowed gun shops to remain open but has closed all recreational facilities, including shooting ranges. That has drawn from some gun rights advocates.
And emergency orders from public officials have not been confined to temporarily closing gun shops and dealers. Applications for pistol and concealed-carry permits have also been temporarily in at least one North Carolina county due to 鈥渟urging demand鈥� related to the coronavirus. And there are of permit suspensions in some Ohio counties as well.
Law professor Jake Charles, who directs the Center for Firearms Law at Duke University, isn鈥檛 surprised by the disparate orders on 鈥渆ssential services鈥� amid the rush to address the coronavirus emergency, particularly in the cases of Pennsylvania and New Jersey.
鈥淚t鈥檚 not clear to me that those were express decisions that gun stores were not essential as opposed to just, 鈥楬ere鈥檚 a list of essential businesses and everything else is not.鈥� And gun stores fell into the 鈥榚verything that is not,鈥欌�� Charles said.
Along with the lawsuit filed in Pennsylvania, a gun retailer and advocacy group in New Jersey have in federal court, arguing that Gov. Phil Murphy鈥檚 executive order, which closes gun stores and shuts down the state鈥檚 background check system, violates the Second Amendment rights of gun purchasers:
鈥淏y their terms, these acts stand as a perpetual bar on firearms ownership,鈥� the lawsuit .
In addition to lawsuits, some gun rights groups are lobbying federal agencies to address this issue. Mark Oliva, public affairs director for the National Shooting Sports Foundation, says his organization has requested the White House and Department of Homeland Security designate the whole firearms industry as 鈥渘ational critical infrastructure鈥� and is also advocating at the state and local level for gun dealers to be exempt from closure orders.
鈥淎 majority of small police departments rely on small firearms dealers to supply them with guns and ammunition and [if they have to close] this matters for public safety,鈥� Oliva said.
What Happens Next
Legal experts like Duke鈥檚 Jake Charles think these executive orders raise legitimate constitutional questions even as they are issued during a public health crisis.
鈥淵ou have a constitutional right to peaceably assemble under the First Amendment. Orders that don鈥檛 let you peaceably assemble in groups of more than 10, that can raise First Amendment questions,鈥� Charles said. 鈥淪ame with the gun store laws, in my mind. Those can raise issues about the [Second Amendment] right to keep and bear arms.鈥�
Charles sees the New Jersey case as one to watch, mostly because it鈥檚 being heard in federal court.
鈥淪tate courts are going to be deferential to state leadership in the midst of a crisis,鈥� he said, 鈥渁nd federal courts might view actions more skeptically or be more protective [of constitutional rights] in situations like this.鈥�
It鈥檚 even possible one of these cases could attract the attention of the U.S. Supreme Court, depending on how long the public health crisis persists and what lower courts decide.
鈥淚t wasn鈥檛 until 2008 when the [Supreme] Court really said there was an individual [Second Amendment] right that鈥檚 enforceable in court,鈥� Charles said. 鈥淪o, we might be seeing the development of a new body of law here 鈥� what does the Second Amendment look like in times of crisis?鈥�
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