While we pursue litigation elsewhere we’re happy that the situation in New Jersey has changed. Regardless what some politicians might think, the Second Amendment is not subject to emergency orders, same as the First, Fourth, Fifth or other constitutional protections.

This is one more example of SAF’s ongoing mission to win back firearms freedom, one lawsuit at a time.

Alan M. Gottlieb
SAF founder and Executive Vice President
March 30, 2020
N.J. GOV. MURPHY BACKS DOWN, ALLOWS GUN SHOPS BACK OPEN IN SAF VICTORY
[I think legislative action is going to be increasingly difficult and even impossible in many states. The courts is where we have to fight and win. It appears to me that SAF is on the leading edge of this.—Joe]

State and local governments are well within their constitutional rights to broadly close businesses in order to prevent the spread and flatten the curve, and they are definitely not required to designate gun industry businesses as ‘essential’ and keep them open. There is no constitutional right to immediately buy or sell guns, and there is certainly no right to spread coronavirus while buying or selling guns.

Kris Brown
President of Brady United
March 29, 2020
BRADY OPPOSES DESIGNATION OF GUN STORES AS ‘ESSENTIAL’’ BY THE U.S. DEPARTMENT OF HOMELAND SECURITY
[I find it very telling Brown refers to the “rights” of governments. Governments don’t have rights. They have enumerated powers granted to them by the people.

When and how did the people give governments the power to force people to stop or delay the exercise of a specific enumerated right?

Answer: The people did not give governments any such power.

Apparently Brown believes governments have rights and, if they should chose to do so, sometimes grants them to people. Brown has it exactly backward. The people have rights and grant certain power to governments to protect those rights*.

With such an upside down view of reality Brown’s opinion should be given as much respect as a flat earther or an space alien abductee.

While I agree there is “no right to spread coronavirus while buying or selling guns”. That isn’t the issue. One can buy and/or sell guns without putting others at risk of a deadly disease. Public health officials can certainly put appropriate restriction in place to prevent that without a ban on selling or buying. We are still buy and selling food aren’t we? A complete ban is no more appropriate than a complete ban on religion because religious organizations traditionally gather in enclosed spaces to worship.

I would also like to remind Brown that a right delayed is a right denied**.—Joe]

* “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”

**Although Martin Luther King, Jr. is frequently credited with this, as near as I can tell, King never said it.

Functioning critical infrastructure is imperative during the response to the COVID-19 emergency for both public health and safety as well as community well-being. Certain critical infrastructure industries have a special responsibility in these times to continue operations.

This advisory guidance and accompanying list are intended to support state, local, tribal, territorial and industry partners in identifying the critical infrastructure sectors and the essential workers needed to maintain the services and functions Americans depend on daily and that need to be able to operate resiliently during the COVID-19 pandemic response.

…

Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.

Christopher C. Krebs
Director
Cybersecurity and Infrastructure Security Agency (CISA)
March 28, 2020
MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE
[Emphasis added.

There are some weasel words which give local area discretion to add or remove items but SAF and the NRA have been suing the politicians who have been shutting down gun stores:

• GUN GROUPS SUE CAL. GOV. NEWSOM, L.A. COUNTY SHERIFF VILLANUEVA
• SAF, GRASS ROOTS N.C. AND FPC SUE N.C. SHERIFF OVER PISTOL PERMIT HOLDS
• SAF ADDS PLAINTIFFS, AMENDS FEDERAL LAWSUIT, FILES SHOW CAUSE MOTION v. NEW JERSEY GOV. PHIL MURPHY
• SAF SUES N.J. GOVERNOR FOR DEPRIVATION OF RIGHTS

I’m surprised at the lack of howling from anti-gun ownership groups. The worst I have seen so far is from the Gifford group:

Even some gun control advocates say it might not be wise to shut down federally licensed firearms dealers, whose sales require background checks. That could force buyers to use a website or seek a private sale that doesn’t require a check, making it more difficult to trace a firearm if it’s used in a crime.

There are risks to both closing a gun shop or keeping it open, said David Chipman, a retired agent with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

“If you keep it open, there’s the risk of first-time buyers who are largely buying out of fear and panic and untrained,” said Chipman, now senior policy adviser for Giffords, a gun control advocacy group.

Gun control advocates are concerned about a large number of new owners lacking the usual access to training on how to store and handle their weapon properly. They also worry that Americans who are stocking up now eventually will sell their firearms privately.

“If we can imagine how horrible this crisis is … the people who hoarded the guns might decide six months from now – once they see no zombies around but they’ve run out of tuna and beef jerky – that they need the money to buy food,” Chipman said.

Millions of new gun owners has to be the nightmare scenario for these groups. This is a silver lining in the dark cloud of COVID-19.—Joe]

Ironic that the Chinese curse of “may you live in interesting times” has been kicked off by the Chinese government itself.

Mike
March 21, 2020
[Via email.

Excellent observation!

The rest of the email is of potential interest:

Hey Joe,

Up here in Canada, the Chief Firearms Officer for Ontario (the province I live in) has just suspended the required Firearms Safety Courses one needs to take to be able to APPLY for a firearms license. Just like that, if you didn’t have a gun license at this point, you’ll have to ride out the coming storm with whatever is at hand, it would seem.

Considering someone pulled a gun on another person who was apparently looking at them funny, in the liberal stronghold of Toronto, no less, things should get mighty interesting over the next few weeks (days?).

Ironic that the Chinese curse of “may you live in interesting times” has been kicked off by the Chinese government itself.

Thanks for your time,

Mike

It’s interesting the response some of the political jurisdictions in the U.S. have taken. Two movies on one screen.

According to SAF (emphasis added):

SAF: ILLINOIS GOV. SETS EXAMPLE FOR OTHERS ON GUN, AMMUNITION STORES

BELLEVUE, WA — The Second Amendment Foundation today applauded Illinois Gov. J.B. Pritzker for including firearm and ammunition suppliers on the list of “essential businesses and operations” that will remain open during the Prairie State’s “Shelter-In-Place” emergency due to the ongoing COVID-19 Coronavirus emergency.

“When an anti-gun Democrat governor declares that essential businesses include firearm and ammunition suppliers and retailers for the purposes of safety and security, that is a really big deal,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Every governor should copy the Illinois example when issuing ‘shelter-in-place’ and business closure orders in the face of the Coronavirus.”

Three other states are already under sweeping emergency orders as the nation copes with the Coronavirus pandemic. They are New York, Pennsylvania and California.

“Depending upon how long this emergency continues,” Gottlieb observed, “many Americans may find themselves facing situations where they will need to be their own first responders. Gov. Pritzker obviously understands this, and we encourage the governors of all other states to recognize this isn’t an issue of party politics but of personal and community safety.”

Executive Order 2020-10 directs all individuals living within the state of Illinois to stay at home, except for “Essential Activities, Essential Government Functions, or to operate Essential Businesses and Operations.” These include information technology equipment manufacturers and suppliers, hardware, food, cleaning supplies, and “firearm and ammunition suppliers and retailers for purposes of safety and security,” the order says.

“We are all in this together,” Gottlieb stated, “and we will make it through, together, as well. Stay safe, stay well and stay ready.”

And in the San Francisco Bay Area, of course, gun stores are not considered essential. Nevermind, as pointed out by author David Codrea, in the article:

What about gun stores?  If we’re talking that which is essential, what is it the Founders deemed “necessary to the security of a free State”?

The politicians responsible for issuing such an order should be prosecuted.—Joe]