[ad_1]
-
FILE – In this March 15, 2020, file photo, people wait in line to enter a gun store in Culver City, Calif. Los Angeles County Sheriff Alex Villanueva, who was sued by gun-rights groups after trying to shut down firearms dealers in the wake of coronavirus concerns, said Monday, March 30, that he is abandoning the effort.
FILE – In this March 15, 2020, file photo, people wait in line to enter a gun store in Culver City, Calif. Los Angeles County Sheriff Alex Villanueva, who was sued by gun-rights groups after trying to shut down
Photo: Ringo H.W. Chiu / Associated Press
FILE – In this March 15, 2020, file photo, people wait in line to enter a gun store in Culver City, Calif. Los Angeles County Sheriff Alex Villanueva, who was sued by gun-rights groups after trying to shut down firearms dealers in the wake of coronavirus concerns, said Monday, March 30, that he is abandoning the effort.
FILE – In this March 15, 2020, file photo, people wait in line to enter a gun store in Culver City, Calif. Los Angeles County Sheriff Alex Villanueva, who was sued by gun-rights groups after trying to shut down
Photo: Ringo H.W. Chiu / Associated Press
A group of local residents, gun stores and gun rights organizations including the NRA have filed a federal lawsuit against four Bay Area counties for mandating that gun stores close as “non-essential businesses” during the region’s coronavirus outbreak.
The lawsuit, filed with the U.S. District Court for Northern California Tuesday, alleges that local officials from Alameda, Contra Costa, Santa Clara and San Mateo counties violated the United State Constitution’s Second and Fourteenth Amendments by ordering that gun stores be closed.
“California’s local governments cannot simply suspend the Constitution,” the lawsuit states. “Authorities may not, by decree or otherwise, enact and/or enforce a suspension or deprivation of constitutional liberties. And they certainly may not use a public health crisis as political cover to impose bans and restrictions on rights they do not like.”
In the 2008 case District of Columbia v. Heller, the United States Supreme Court held that the Second Amendment guarantees an individual right to keep and bear arms for lawful purposes. The lawsuit cites Heller as precedent localities are directly violating by denying the “right of law-abiding, responsible citizens to use arms in defense of hearth and home.” The Second Amendment was made fully applicable to state and local governments through the Due Process and Privileges or Immunities Clauses of the Fourteenth Amendment in the 2010 Supreme Court case McDonald v. City of Chicago. That case is also cited in the lawsuit against Bay Area officials.
There has been a surge of business at local gun stores in response to unrest caused by the COVID-19 pandemic, but a number of counties have insisted that the stores are non-essential and be closed.
A high-profile incident occurred two weeks ago in Alameda County, when the county’s sheriff office initially ordered Solar Tactical to close its locations in Castro Valley and Livermore. The owner refused, and a confrontation on social media ended with the stores remaining open with only “minimum operations.”
The lawsuit states that businesses could close without violating the Second Amendment if arms and ammunition could be purchased online.
“If firearms and ammunition could be purchased online like other constitutionally protected artifacts, such as paper, pens, ink, and technology products that facilitate speech, then individuals could simply purchase what they need and have the items delivered to their doorsteps,” the lawsuit states. “But because of an onerous and complicated federal, state, and local regulatory scheme, people in California cannot exercise their Second Amendment right to keep and bear arms without going in person to such essential businesses.”
It’s unclear how federal judges will respond, but Los Angeles County backtracked on an order to close gun stores after legal counsel for the county advised against it.
You can read the full lawsuit here.
MORE CORONAVIRUS COVERAGE:
Sign up for ‘The Daily’ newsletter for the latest on coronavirus here.
Eric Ting is an SFGATE digital reporter. Email: eric.ting@sfgate.com | Twitter:@_ericting
[ad_2]
Source link
376625 863426Thank you a lot for giving every person an extraordinarily particular possiblity to check ideas from here. 488592
606428 203747Hiya. Extremely cool web site!! Man .. Beautiful .. Fantastic .. I will bookmark your web internet site and take the feeds additionallyI am pleased to discover numerous helpful info here within the post. Thank you for sharing 662543
241847 515302I conceive this internet website contains some rattling fantastic info for everybody : D. 128817
185378 841304But wanna say that this really is invaluable , Thanks for taking your time to write this. 456253
199270 992987I enjoy this web site, will surely arrive back. Make sure you carry on writing high quality posts. 936260
209713 432716This really is a very good topic to talk about. Sometimes I fav stuff like this on Redit. This write-up probably wont do effectively with that crowd. I will probably be positive to submit something else though. 781088
400282 188053You completed quite a few nice points there. I did a search on the problem and identified practically all people will have the same opinion along with your weblog. 196441
232959 724618This kind of lovely blog youve, glad I identified it!?? 14317
33433 811028Likely to commence a business venture around the refers to disclosing your products and so programs not just to individuals near you, remember, though , to several potential prospects more via the www often. earn dollars 655711
755373 909262I will right away grab your rss feed to remain up to date on any succeeding articles you may write 291684
361454 875564I like this website extremely a lot, Its a rattling nice location to read and get information . 520218
827792 116897Hello! Good post! Please do maintain us posted when we can see a follow up! 253352
265068 626543dude this just inspired a post of my own, thanks 645964
784127 77278When I saw this page was like wow. Thanks for putting your effort in publishing this article. 51670
139995 554560Im agitated all these article directories. It positive would be nice to have every article directory that instantly accepts articles. 842062
907611 824512I feel this site has got some really excellent info for every person : D. 168395
775683 549037You can certainly see your expertise within the paintings you write. 445192
741177 905602Hiya! Wonderful blog! I happen to be a every day visitor to your site (somewhat far more like addict ) of this site. Just wanted to say I appreciate your blogs and am looking forward for far more to come! 34833