BELLEVUE, WA – A coalition of gun rights groups including the Second Amendment Foundation is asking for a temporary restraining order (TRO) and an order to “show cause” in a motion for their federal case against California authorities who have ordered a shutdown of retail gun shops in connection with the COVID-19 outbreak.

Joining SAF are plaintiffs Adam Brandy, Jonah Martinez, Daemion Garro, DG2A Enterprises Inc., d.b.a. Gun World, Jason Montes, Weyland-Yutani LLC d.b.a. Match Grade Gunsmiths, Alan Kushner, The Target Range, Tom Watt, A Place To Shoot, California Gun Rights Foundation, National Rifle Association and Firearms Policy Coalition, Inc. They are represented by California attorneys George M. Lee, San Francisco and John W. Dillon of Carlsbad, and Raymond M. DiGuiseppe of Southport, N.C.

The case is known as Brandy, et.al. v. Villanueva, et.al. It was filed in U.S. District Court for the Central District of California.

Plaintiffs are asking the court to enjoin California authorities, including Gov. Gavin Newsom and Los Angeles County Sheriff Alex Villanueva from closing or compelling the closure of retail firearm and ammunition businesses on the grounds they are “non-essential businesses” under Executive Order N-33-20, the “Safer at Home Order for Control of COVID-19.” They are also requesting the Court to issue an Order to Show Cause why a preliminary injunction should not issue, granting Plaintiffs preliminary and permanent injunctive relief as sought herein.

The action comes after officials in other states, including New Jersey, Delaware, Pennsylvania and Wake County, N.C. backtracked on orders to close gun stores, and are now allowing those “essential businesses” to remain open. Over the weekend, the Department of Homeland Security and Cybersecurity and Infrastructure Security Agency released new guidelines that declare “Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges” to be part of the essential workforce. Read more

Murphy and Callahan are being sued in their official capacities. The case, which was filed in the U.S. District Court for the State of New Jersey is known as Kashinsky v. Murphy.

Joining SAF in this action is the New Jersey Second Amendment Society, on behalf of Robert Kashinsky and Legend Firearms, a gun shop in the state. They are represented by noted civil rights attorney David Jensen.

Kashinsky sought to purchase a firearm for personal protection during the current crisis, but Murphy issued Executive Order 107 on March 21, which ordered all non-essential retail businesses closed to the public. The order does not include licensed firearms dealers on its list of “essential” businesses that may continue operating during the crisis.

“In order for New Jersey residents to purchase firearms,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “they must go through a licensed firearms retailer and pass a background check. However, Murphy’s order was subsequently followed by a notice posted on the State Police website that the agency is no longer conducting background checks.

“Gov. Murphy cannot simply suspend the Second Amendment, and neither can Supt. Callahan,” he continued. “Yet, under this emergency order, that’s exactly what they’re doing. The Constitution, and federal law, don’t allow that. New Jersey may have been the first state to ratify the Bill of Rights, but they’re the last state to recognize it.”

The lawsuit seeks an injunction restraining the defendants and everyone acting on their behalf from enforcing Executive Order 107 “to the extent it operates to flatly prohibit the purchase and sale of firearms and ammunition.”

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

Contact: Alan Gottlieb (425) 454-7012

Under provisions of her proclamation, the “Emergency Authority” is empowered, if necessary, “to suspend or limit the sale, dispensing or transporting alcoholic beverages, firearms, explosives, and combustibles.”

But SAF founder and Executive Vice President Alan M. Gottlieb is telling Mayor Cantrell, “Wait a minute!”

“Following Hurricane Katrina, we sued the city when then-Mayor Ray Nagin’s administration began confiscating firearms from law-abiding citizens for no good reason. The federal court ordered the city to cease confiscations.

“We sued New Orleans then, and we’ll do it again,” Gottlieb vowed. “The presence of a nasty disease does not suspend any part of the Bill of Rights, no matter what some municipal, state or even federal politician may think. Read more

“We’ve received reports from members and concerned citizens, especially in Washington State, that local law enforcement agencies are suspending license or permit application services, including the taking of fingerprints,” said CCRKBA Chairman Alan Gottlieb. “That’s unreasonable because the right to bear arms shouldn’t be subject to administrative delays. Read more

The lawsuit is filed on behalf of Connecticut residents Susan Ross and Domenic Basile. Plaintiffs are represented by noted civil rights attorney David Jensen of New York.

Named as defendants are Connecticut State Police Col. Stavros Mellekas; Commissioner James C. Rovella of the state Department of Emergency Services and Public Protection, and Chief State’s Attorney Richard J. Colangelo, Jr., all in their official capacities. The case is known as Ross v. Mellekas.

The lawsuit alleges state violations of the Second and Fourteenth amendments. Since 2013, Connecticut statute has prohibited individuals from having magazines containing more than ten rounds of ammunition. Violations of the statute can be prosecuted as Class D felonies.

Ross owns a pistol with an original-capacity magazine that can hold 17 cartridges and Basile has pistols that hold 15 rounds in their magazines. Both are licensed to carry for personal and family protection, yet they justifiably worry that they could be prosecuted for carrying fully-loaded defensive sidearms under the state law. Read more