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.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.
This, he noted, while bike shops were among those allowed to remain open as essential businesses. The panel adopted the same reasoning in the Los Angeles County case, though the closure there was for 11 days. 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.
Ventura County "believes the case was correctly decided at the District Court level and is disappointed with the three-judge panel's decision," county spokeswoman Ashley Bautista said in an email. Officials are reviewing the decision and "evaluating our options and next steps."
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