Federal appeals court rules California's closure of gun stores unconstitutional.

 

A gun store. The Hill.

A federal appeals court has ruled that California's closure of gun stores during the 2020 stage of the pandemic unconstitutional. The Hill. Lower courts had ruled that two counties in California were allowed to close gun stores as a anti-coronavirus measure. Both of those rulings were rejected by the 9th Circuit Court of Appeals. The court found that it was a clear violation of the 2nd Amendment from banning people from purchasing firearms and ammunition as well as banning shooting ranges. The court also pointed out that the counties had allowed bike shops to remain open while banning gun stores. 

My Comment:

A major victory for gun rights. These two counties obviously violated the 2nd amendment and had no right to ban access to firearms. The obvious argument is that if they can ban the sale of firearms during a pandemic they can do it anytime they want. An emergency order could be offered on pretty much any grounds. Too much crime? Ban firearms. Natural disaster? Ban firearms. War breaks out? Ban firearms. And once put into place the order might never be lifted. 

I generally don't think the government has a right to shut down business like this in the first place. I could see them making some restrictions but I can't approve of them shutting down businesses entirely. Perhaps some compromise could be made, like a drive through gun store? Who knows?

I do have to say that banning firearms during a pandemic is just evil. Given how good gun sales did during the pandemic, obviously a lot of people felt that they needed firearms for protection. And given the riots that broke out during 2020 they had a point. Back when this order was made we also didn't know how bad the pandemic was going to be. At that point we didn't know if the country would collapse or not. People needed to have access to their firearms. 

It's unclear if the ruling will stand. It is always possible that the counties will appeal the appeal and it could even go to the Supreme Court. I have no idea what would happen at that point. The current court is still a mystery on gun rights. They have taken up a case but haven't actually ruled yet and it's possible that they would not rule the right way in this case.