First and foremost: I hope everyone is keeping safe and healthy in this unprecedented and extraordinary time of COVID-19, one that is challenging all of us, and I join in all the thank-yous to the medical personnel and first responders who are working so heroically to their own detriment for everyone else’s benefit. It is both the least and most we can do to stay out of harm’s way and not take unnecessary risks of becoming sick ourselves.
Second: I hope that those who are affected more than staying at home – you are ill or know someone who is, you have lost a loved one, you are in jeopardy of losing your job or livelihood, a milestone has been canceled – find strength, health, peace, and stability.
Beyond those personal notes, one issue that has come to the forefront during this crisis is whether gun stores are “essential businesses” that are exempt from closing under state quarantines or shelter-in-place orders. In Illinois, the Governor has declared them essential businesses, though some towns that have given themselves authority to close them down, anyway. Champaign made news recently for passing such an ordinance giving its officials that power. So far, no municipality has actually acted on that authority, but there are definitely people paying attention in case it occurs somewhere in Illinois.
The situation differs elsewhere. The federal DHS just added gun ranges, dealers, and manufacturers to its essential business coronavirus-response guide, though it is not binding on states. In the meantime, lawsuits have been filed against New Jersey (Kashinsky v. Murphy) and California (Brandy v. Villanueva) for closing down its gun stores as non-essential businesses. A similar challenge in Pennsylvania was rejected by that state’s Supreme Court, though the Governor shortly thereafter allowed some firearms dealers to remain open. And of course this issue reminds me of the 2012 North Carolina federal case Bateman v. Perdue, where a law banning firearm possession or transport during a “state of emergency” was struck down as a Second Amendment violation.
For those concerned about safety and security, as law enforcement is naturally concerned with handling the coronavirus situation while weighing which crimes it is worth the health risk to enforce, and which to let go for the time being, the ability to purchase a firearm for self-defense is as essential as any other need. An excellent discussion of the issue was at Reason.com.
Stay safe,
David
The Law Firm of David G. Sigale, P.C. was founded to serve the legal needs of the Chicago metropolitan area. Mr. Sigale has counseled and represented corporate and individual clients across the United States and internationally. He believes in protecting Americans from improper attempts by the government to infringe upon their constitutional rights. His firm services clients in Cook, DuPage, Kane, Kendall and Will Counties, and as well as reviews matters in other locations on a case-by-case basis. Contact the firm for a consultation.
