Gun Shops File Legal Action to Try to Remain Open in LA County

AP Photo/Ringo H.W. Chiu

Gun groups have gone to U.S District Court in Los Angeles seeking an injunction against Los Angeles County Sheriff Alex Villanueva, Governor Gavin Newsom and other government officials in connection with an order by the Sheriff to close gun stores in the county saying it violates the "fundamental rights of law-abiding Californians."

The suit, brought by Adam Brady, Daemion Garr and several 2nd Amendment advocates including the NRA, cited not only a slew of federal and state regulations on gun stores protecting the rights of gun owners but noted it was particularly ill advised in a crisis.

"State and local agency and county policies may not, legislatively or though mere fiat, as here, enact and/or enforce a suspension or deprivation of constitutional liberties during a time of crisis," according to the 30-page filing. "And they certainly may not use a public health crisis as political cover to impose bans and restrictions on rights they do not like."

The plaintiffs cited the March 26, 2020 order by the Sheriff that "gun and ammunition stores are not considered essential businesses and must close to the general public, in Compliance with the County of Los Angeles Safer at Home edict to stop the spread of COVID-19.

Not long after, the suit says Villanueva reversed his position and stated that firearms retailers are now considered "non-essential" and "must close to the general public and "that licensed firearm retailers shall be permitted to sell ammunition to "security guard companies."

In addition, the suit states the Sheriff allowed those who "have already lawfully purchased a firearm, possess a valid California Firearms Safety Certificate (CFS), and simply need to take possession of their firearm."

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