Victory! California Officials Yield, Allowing Gun Stores to Open

Looking downrange at the Ojai Valley Gun Club in Ventura County, California, where our Editors shoot.

In California, Democratic Governor Newsom has allowed local city/county officials to shut down FFLs and gun retailers by local order. Some California counties allowed gun stores to operate, but most did not, creating legal confusion and inconsistency. And because of strict California laws on ammunition sales, this has meant that the majority of Californians could not purchase ammunition, a clear violation of their Second Amendment Constitutional rights.

The Firearms Policy Coalition (FPC), Second Amendment Foundation (SAF) and California Gun Rights Foundation (CGF) challenged these gun store closures. And today we’re happy to report a big victory. After being sued in Federal District Court, the County of Ventura (population 846,000) has allowed firearm and ammunition dealers to open again. Effectively County officials conceded that their orders were unjustified and unconstitutional. See filings in the case of McDougall v. County of Ventura.

Just days before a hearing on a motion for preliminary injunction against orders banning gun stores from operating, lawyers for the County of Ventura filed documents saying the defendants* have issued a new order to re-open firearm and ammunition dealers throughout the county.

Gun Store Closures Violated Citizens’ Second Amendment Rights
“County of Ventura officials were either outrageously ignorant or arrogant to think they had the authority to redline fundamental, individual rights”, said FPC President Brandon Combs. “They should remember that they are just local officials on a power trip, not dictators, and we will continue to seek justice for their abusive constitutional violations”. Adam Kraut of the FPC added: “Ultimately, they have already admitted in court that they violated constitutionally enumerated rights”. Other Federal Courts have recently held that the Second Amendment DOES protect citizens’ right to buy guns and ammunition. (See McCarthy v. Baker, in Massachusetts District Court.)

“The facts are that the Ventura County defendants made it a crime for individuals to patronize … firearm and ammunition retailers, and worse, these government officials banned travel for firearms and ammunition as ‘non-essential’. Those are precisely the kinds of actions our Constitution was designed to protect against, so we look forward to the next phase of litigation in this lawsuit,” said the plaintiffs’ co-counsel, attorney Raymond DiGuiseppe.

“The county choosing to re-open firearm and ammunition transactions rather than face our motion in court is a victory for gun owners and the Second Amendment”. — SAF Exec. V.P. Alan Gottlieb.

Ronda N. Baldwin-Kennedy, an attorney for the plaintiffs, said that the County’s latest filing was a move to avoid losing the case early. “The defendants were obviously wrong on the law… We are delighted that this lawsuit moved the County to issue another order so that our clients and the people of Ventura County can exercise their constitutional rights”.

“Onerous California laws make access to operating gun stores a requirement to exercise your Second Amendment rights”, explained CGF Chairman Gene Hoffman. “The right to self-defense is only more important during times of crisis[.]” Individual firearm or ammunition purchasers, retailers, and ranges affected by ‘stay-home’ or shutdown orders are encouraged to report their concerns and potential civil rights violations to Firearm Policy Coalition COVID-19 Issue Hotline at FPChotline.org.

Similar Posts:

• Big Gun Rights Victory in California One-Gun-A-Month Challenge
• DHS States Gun-Makers and Retailers Are “Essential Businesses”
• Status of Firearms Dealers and FFLS — State by State
• Gun Stores Can Open in Massachusetts Rules U.S. District Judge
• 9th Circuit Rules that Second Amendment Applies to Actions of States and Local Governments

Tags: Civil Rights, Covid-19, Firearms Policy Coalition, Governor Newsom, Pandemic, Second Amendment, Ventura CA