Federal Judge OKs California Gun Store Closure

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According to Firearm Chronicles

One of the more common battles being fought on behalf of the Second Amendment involves protecting gun stores from closure. While many states, even anti-gun states, have opted to allow them to remain open, not all of them have. One prominent example is California.

Perhaps the most anti-gun state in the nation, California thought nothing of closing gun stores left and right. While some sheriffs are allowing them to remain open, others aren’t.

As a result, a lawsuit was filed to try and overturn the decision. It did not go well.

A federal judge on Tuesday denied a request to force Ventura County, Calif., to reopen gun stores forced to close in response to the coronavirus.

Judge Consuelo B. Marshall, a Jimmy Carter appointee, of the District Court for the Central District of California, said she would not grant a temporary restraining order against the county’s shutdown order. Her decision is one of the first in the legal battle over pandemic-related closures of gun businesses. It may indicate the court fights could drag on for weeks and produce mixed results even as Americans buy guns for self-protection at a record pace. “While the public interest is served by protecting Second Amendment rights, the public interest is also served by protecting the public health by limiting the spread of a virulent disease,” Marshall said in a ruling.

Marshall’s ruling is one of at least three legal opinions that have come out in the wake of the outbreak, though state and federal courts have disagreed about the extent to which the Second Amendment protects against emergency closures. The Pennsylvania Supreme Court allowed Gov. Tom Wolf (D.) to include stores in his shutdown—though the governor later reversed course. Meanwhile, a North Carolina court ordered Wake County sheriff Gerald Baker (D.) to abide by an agreement that reopens the pistol-purchase permitting process in the county.

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