A federal appeals court ruled on Thursday that two California counties violated the constitutional right to keep and bear arms when they shut down gun and ammunition stores during the COVID-19 pandemic in 2020.
Ventura County closed gun stores for 48 days while Los Angeles county closed them for 11 days.
“State and federal firearms licensees are essential businesses that provide access to constitutionally protected rights. Full stop,” the pro-gun groups said in their complaint, which called the store closures “unlawful government infringements upon freedom.”
County officials had previously won separate lower court decisions stating that the gun stores were right to have been temporarily closed amid the broader shutdowns to prevent the COVID-19 virus from spreading early on in the pandemic.
However, a three-judge panel of the 9th U.S. Circuit Court of Appeals on Thursday rejected both lower court rulings.
VanDyke also noted that the two California counties had allowed other businesses, including bike shops, to remain open as essential businesses.
“The Orders therefore wholly prevented law-abiding citizens in the County from realizing their right to keep and bear arms, both by prohibiting access to acquiring any firearm and ammunition, and barring practice at firing ranges with any firearms already owned,” he wrote. “These blanket prohibitions on access and practice clearly burden conduct protected by the Second Amendment and fail under both strict and intermediate scrutiny.”
The National Rifle Association Institute for Legislative Action (NRA-ILA) has also challenged strict COVID-19 restrictions in New Mexico and New York, as well as four other counties in Northern California with regards to gun shop closures.
The Epoch Times has contacted a Los Angeles county spokesperson for comment.