Monday, January 31, 2022

JUSTICE: Court Rules California’s CV Shutdown of Gun Stores Violated Second Amendment

Source: Washington Examiner

Published: January 21, 2022

By: Heather Hamilton

Two California counties were found to have violated the Constitution’s Second Amendment when gun and ammunition stores were deemed nonessential and ordered to shut down in 2020 amid the COVID-19 pandemic.

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled Thursday that the right to bear arms made gun and ammunition stores essential.

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


The ruling overturns lower court decisions in separate cases against Los Angeles and Ventura counties.

"This is an important decision,” National Rifle Association Institute for Legislative Action Director Michael Jean said. “It ensures that California, or any state, cannot use a crisis to trample on the Constitutional rights of citizens."

The appeals court panel of judges noted that the same line of reasoning that allowed bike shops to be considered essential and stay open should have been applied to gun and ammunition stores.

The decision cited Supreme Court Justice Gorsuch’s words: “Even in times of crisis — perhaps especially in times of crisis — we have a duty to hold governments to the Constitution.”

Ventura County spokeswoman Ashley Bautista told the Associated Press that Ventura County “is disappointed with the three-judge panel’s decision” and is “evaluating our options and next steps.”

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