NRA sues governor, LA sheriff over gun store closures

The National Rifle Association sued Gov. Gavin Newsom and Los Angeles County Sheriff Alex Villanueva on Friday in a bid to have gun stores declared essential business that can stay open during the coronavirus pandemic.

The complaint was filed by George M. Lee of Seiler Epstein Ziegler & Applegate LLP in San Francisco on behalf of two individuals, two gun retailers and multiple organizations. Brandy v. Villanueva, 2:20-cv-02874 (C.D. Cal., filed March 27, 2020).

Lee cited the Second Amendment's "individual right to possess and carry weapons in case of confrontation" under District of Columbia v. Heller, 554 U.S. 570, 592 (2008).

"Californians cannot exercise their Second Amendment right to keep and bear arms without such businesses," the complaint argued.

Newsom declared a state of emergency in response to the virus outbreak on March 4. On March 19, he issued Executive Order N-33-20. Under that order, three days later California Public Health Officer Sonia Angell, also a named defendant, released a list of "Essential Critical Infrastructure Workers." Villanueva then declared gun stores did not fall under this understanding of essential businesses that could stay open despite the social distancing measures Newsom implemented.

According to the complaint, on March 25 "Newsom issued a public statement that county sheriffs had the discretion to determine the essential nature of firearms retailers." Villanueva ordered gun stores closed the next day.

The Second Amendment Foundation filed a similar suit in federal court on Monday against New Jersey Gov. Philip Murphy over gun store closures in that state.

-- Malcolm Maclachlan