A Win for the Second Amendment in California as a Federal Appeals Court Rules Pandemic Gun Store Closures Unconstitutional – Opinion

The wheels of justice sometimes turn slowly, but when it is a just outcome, it’s often more satisfying.

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An order closing gun stores in Los Angeles County in the early days of the COVID-19 pandemic two years ago was unconstitutional, a federal appeals court ruled Thursday.

In its ruling, a three-judge panel of the 9th U.S. Circuit Court of Appeals determined that both Los Angeles and Ventura counties had violated the Second Amendment right to keep and bear arms when they shut down gun and ammunition shops in March 2020 as nonessential businesses during the beginnings of the coronavirus pandemic.

The National Rifle Association, along with other pro-gun organizations, filed suit against Governor Newsom in Los Angeles Federal Court. Gavin Newsom, Los Angeles County Sheriff Alex Villanueva and other officials, alleging both state and local policies and enforcement practices violated citizens’ rights.

In late March 2020, the original suit was filed. This occurred shortly after Governor Hair Gel had decided that he would be the first to shut down businesses and place COVID lockdowns. Alex Villanueva from Los Angeles County tried to get his deputies involved in enforcing the closing of these gun shops. It is now known that the COVID-19 panic and lockdowns was used by elitists and unelected bureaucrats as a way to induce fear. What they didn’t bargain for was people’s response to that fear would be to go out and buy guns.

As Shakespeare’s Puck opined, “Lord, what fools these mortals be!”

This was a deliberate attempt by Villanueva, His Hairfulness, to close the barn door after the horses fled. The gun owners were having none of that, so with the help of The Second Amendment Foundation (SAF), the California Gun Rights Foundation (CGF), the Firearms Policy Coalition (FPC), and the California National Rifle Association (CA-NRA), they challenged Newsom’s diktats and Sheriff Villanueva’s actions. Lower courts decided in favor Newsom and Villanueva despite the fact that Villanueva had, under heavy criticism, suspended enforcement of closing gun stores.

What if you could have done that? Earlier for every other business deemed “non-essential” in the midst of the pandemic. The 20/20 rule is true.

Our sister site Townhall and our Managing Editor Jennifer Van Laar reported on Sheriff Villanueva’s actions during the early days of the pandemic, and his quick reversal. It was a stupid move on Villanueva’s part, and cost him much trust and credibility at that time. He has since gained back that trust with his anti-mask and vaccine mandates positions, as well as the homelessness crisis and the rampant criminality that currently plagues Los Angeles County.

The federal appeals court’s ruling in favor of Second Amendment rights is huge for California and the country. Second Amendment Foundation is pursuing numerous legal challenges in Wisconsin and Maryland. These are all aimed at overturning unconstitutional Pandemic Actions as well unconstitutional, draconian Gun Laws.

In rejecting those decisions, Judge Lawrence Van Dyke wrote for the appellate panel — meeting in Pasadena — that the Second Amendment “means nothing if the government can prohibit all persons from acquiring any firearm or ammunition. But that’s what happened in this case.”

It will be interesting to see whether Newsom attempts to bring this case to the United States Supreme Court. It might not prove to be the most effective move given his terrible track record before the United States Supreme Court over the pandemic-related challenges.

Newsom believes that California’s governance model should serve as a guide for other nations. If that’s the case, then this ruling would do much to blow more holes in the Biden administration’s already Swiss Cheese agenda.

 

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