SAN FRANCISCO (January 20, 2022) — The Firearms Policy Coalition (FPC) announced two important victories at the Ninth Circuit today in cases challenging COVID order closures of firearm and ammunition retailers in Ventura and Los Angeles counties. In the decisions issued this morning, the Court ruled that the forced closure of gun stores and shooting ranges in 2020 violated the Second Amendment. The opinions in McDougall v. Ventura County and Martinez v. Villanueva can be found at FPCLaw.org.
“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,” Judge VanDyke wrote for the Court in McDougall. “These blanket prohibitions on access and practice clearly burden conduct protected by the Second Amendment and fail under both strict and intermediate scrutiny.”
“On the merits, the Los Angeles County Orders (Orders) both burdened conduct protected by the Second Amendment and fail strict and intermediate scrutiny,” the court wrote in Martinez. “While the 11-day mandated closure at issue here is shorter than the 48-day closure at issue in McDougall, 11 days instantly becomes 21 days when adding California’s 10-day waiting period for acquiring firearms.”
“When authoritarian governments used COVID as an excuse to attack Second Amendment rights, FPC Law immediately went to work throughout the country, including through these successful cases. Today’s opinions from the Ninth Circuit confirm our claims that the COVID closures of gun stores and firing ranges violated the Second Amendment rights of Californians,” said Adam Kraut, FPC’s vice president of programs. “FPC will continue to aggressively litigate these and other cases to defend the rights of our members and the public.”
Individuals who would like to join the FPC Grassroots Army or donate to support pro-Second Amendment programs to protect and restore the right to keep and bear arms should visit JoinFPC.org. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLaw.org and follow FPC on Instagram, Twitter, Facebook, YouTube.
Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. FPC Law (FPCLaw.org), is the nation’s largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.