(Tea Party 247) – Amidst the coronavirus outbreak in the US, many states’ governors have ordered all “non-essential” businesses to be shut down. While this is a good step in preventing the spread of the virus by keeping as many people home as possible, it may be violating the Second Amendment.
A recent lawsuit in New Jersey maintains the governor’s orders to shut down all non-essential businesses violated the Second Amendment when the order did not exempt gun shops from having to shut down.
According to WND:
The case was filed by the Second Amendment Foundation and the New Jersey Second Amendment Society on behalf of Robert Kashinsky and Legend Firearms, a gun shop in the state.
Defendants are Gov. Philip D. Murphy and State Police Supt. Patrick J. Callahan.
“Gov. Murphy cannot simply suspend the Second Amendment, and neither can Supt. Callahan,” said SAF founder Alan M. Gottlieb. “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 case developed when Kashinsky sought to purchase a firearm for personal protection during the current crisis.
However, Murphy issued Executive Order 107 on March 21 that 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.
That means the Second Amendment was violated, the case explains.
Not only were the gun shops not included on the list of businesses allowed to stay open, the state announced it would no longer be doing background checks, a requirement for anyone looking to purchase a firearm.
“In order for New Jersey residents to purchase firearms,” explained 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.”
The action, in U.S. District Court in New Jersey, seeks a restraining order that the governor’s order cannot be enforced “to the extent it operates to flatly prohibit the purchase and sale of firearms and ammunition.”
The case explains it does not seek to “minimize the severity or urgency of the coronavirus pandemic. The exigencies surrounding this viral pandemic both justify and necessitate changes in the manner in which people live their lives and conduct their daily business.”
Meanwhile, gun sales are surging across the US especially in states where more drastic measures are being taken to isolate people and contain the virus. Gun shops are seeing record numbers of first time gun buyers and having to put limits on ammunition per buyer. These are fearful times for many Americans and with so much uncertainty, the one thing we can control is how we defend and protect ourselves and our families, come what may.
New Jersey is effectively attempting to impede on people’s ability to do just that. Luckily, citizens of the state aren’t going to allow it without a fight.