A coalition of fire arm advocates sued the state of California Gov. Gavin Newsom and Los Angeles County Sheriff Alex Villaneuva, alleging that closing gun shops during the COVID-19 outbreak violated rights under the U.S. Constitution.
The Second Amendment Foundation, the National Rifle Association of America, the California Gun Rights Foundation and other groups are requesting injunctive and declaratory relief in the U.S. District Court for the Central District of California despite the fact that Villanueva gave them permission to re-open, according to a press release.
Deputy John Satterfield told the Southern California Record that Villanueva closed gun shops at the start of the COVID-19 shut down because there were numerous reports that hundreds of people were swarming gun stores all over the county but not practicing safe social distancing.
“They are open now,” Satterfield told the Southern California Record. “Once POTUS [President of the United States] weighed in on the issue, the Department of Homeland Security issued an opinion letter on the subject recommending that gun stores were essential businesses. Technically, no enforcement action was ever taken against a single gun store to close. No citations, no warnings, no actions.”
The Second Amendment Foundation did not immediately respond to the Southern California Record's request for comment.
Defendants named in the lawsuit include Gov. Gavin Newsom, Los Angeles County Sheriff Alex Villaneuva, Los Angeles Mayor Eric Garcetti and notes the fact that Villanueva released some 1,700 inmates from Los Angeles County jails.
“The need for self-defense during uncertain times is precisely when Plaintiffs and Plaintiffs’ members must be able to exercise their fundamental rights to keep and bear arms,” wrote Plaintiff’s attorney George M. Lee.
The lawsuit faces significant obstacles not only because the shops have been allowed to remain open but also due to qualified immunity, according to Satterfield.
“We believe the state of emergency protects those named in the suit but I’m sure that will be a question for the Courts to ultimately decide,” he said in an interview.
The qualified immunity doctrine was established by the Supreme Court in 1967 and prevents public officials, such as judges, police officers and prosecutors, from being sued for acting on their jobs as authorized by law.