NRA Files Lawsuit Following Coronavirus Gun Store Closures

The NRA and gun rights activists have sued California officials over claims that gun stores should be allowed to remain open during the COVID-19 pandemic.

The gun store closures class action lawsuit was filed by the National Rifle Association of America, the Second Amendment Foundation, California Gun Rights Foundation, and Firearms Policy Coalition. Joining these organizations is retailer Gun World (DG2A Enterprises Inc.), and includes owners Gaemion Garr, as well as a private gun owner named Adam Brandy.

The Hill explains that California Governor Gavin Newsom implemented a “shelter-in-place” order in the state to help slow the spread of the coronavirus. In this order, he reportedly shut down all businesses deemed nonessential, including gun shops.

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However, in their lawsuit against the governor and the health officials who advised the shelter-in-place order, the firearm industry members argue that gun shops should be allowed to operate while other businesses are closed, because they are essential. 

In the eyes of the NRA and others, guns are an important way that Americans can protect themselves and their family. The gun organizations stress that guns are needed in maintaining the operation and safety of both residences and businesses, particularly those essential businesses allowed to remain open during the COVID-19 crisis.

Allegedly, the California governor and health officials violated the Second Amendment in effectively prohibiting Californians from purchasing guns. The COVID-19 gun rights lawsuit asserts that even during a time of crisis, the government cannot suspend or deprive citizens of their constitutional liberties. 

The COVID-19 gun sale lawsuit goes on to say that the governor and other health officials are merely taking advantage of the coronavirus pandemic to restrict rights that they oppose, and are using unconstitutional bans on businesses to do so.

The gun proponents take issue with the authority of the governor’s orders and argue that they should be invalidated. They claim that the governor’s order was “unconstitutionally vague and overly broad.” According to the NRA, the order does not define key terms, and the effect of this vague wording is to let the order function as a complete ban. 

The firearm industry members go on to say that the order violates due process because they “permit and encourage arbitrary and erratic arrests and convictions,” giving too much discretionary power to law enforcement.

Allegedly, the orders do not give enough guidance to those who have to follow the orders. According to the organizations and gun owners, the order does not explain what those who violate the order can be charged with, or how they might be punished.

In sum, the NRA, gun rights and gun owners argue that because of these failings in the governor’s order, retailers and consumers “cannot be required to guess at the meaning of such orders,” when its instructions and consequences are too vague.

The California COVID-19 order lawsuit also stresses that there is already uncertainty about whether or not gun shops should be considered essential.

Allegedly, two sheriffs in San Diego and Los Angeles have publicly disagreed about whether or not firearm stores and shipping are essential. In the words of the NRA, “if local sheriffs cannot agree on what business are or are not covered, then it is neither reasonable nor feasible” for Californians and members of the firearms industry to follow the orders.

The COVID-19 business closure lawsuit has received recent media attention, including disapproval from critics. Where the NRA has argued that the California governor is using the coronavirus to restrict rights of which he does not approve, critics have argued that the NRA is using the COVID-19 crisis to push a pro-gun agenda and is attempting to profit while other businesses must close.

The firearm industry members are represented by George M. Lee of Seiler Epstein LLP. 

The Gun Rights California COVID-19 Firearm Sale Ban Lawsuit is Adam Brandy, et al. v. Alex Villanueva in his official capacity as Sheriff of Los Angeles County, California, and in his capacity as the Director of Emergency Operations, et al., Case No. 2:20-cv-02874, in the U.S. District Court for the Central District of California.

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