by Tanya Metaksa
With more and more state governments enacting State Emergency Orders to enforce “social distancing” we are maintaining a listing of how states are dealing with firearms laws, firearms dealers, shooting ranges and/or retailers that deal in firearms and ammunition on a daily basis. This listing is accurate as of the date and time listed below. There have been changes on a daily, if not hourly basis in the past several days.
** Before an items means it is new information since the previous report
As of March 30, 9 am EST
** President Trump’s Department of Homeland Security (DHS) has included the firearm and ammunition industry as essential critical services that should remain open during the Covid-19 pandemic. On March 28, DHS announced their Advisory Memorandum of Essential Critical Infrastructure Workers. It listed the firearms industry–retailers, distributors, manufacturing and ranges—as essential services. This single act has kept the firearms industry open and running as many states have referenced the federal guidelines in their documents regarding “essential services”.
In the following states firearms dealers are considered essential services: Arizona, Connecticut, Georgia, Hawaii, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland, Mississippi, New Hampshire, Ohio, Pennsylvania, Texas, West Virginia, and Wisconsin. In Kansas the legislature passed a Resolution preventing the Governor from limiting the sale of firearms.
In the following states there have been executive orders concerning businesses closing and firearms dealers have not been included: Alaska, Arkansas, DC, Florida, Oklahoma, and Wyoming.
States in which local government entities have been given the ability to close certain business: Colorado, Kansas, Minnesota, Texas, Utah, Vermont,
In Alabama, Alaska, Florida, Georgia, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota Tennessee, Texas, Utah, Vermont and Wyoming only close-contact businesses have been asked to close.
In the following states the executive order includes using the federal CISA list for essential workers: Massachusetts, Michigan, New Mexico, New York, Oregon, Rhode Island, Wisconsin, and Washington, This federal definition includes “defense and national security-related operations supporting the U.S. Government or a contractor to the U.S. Government.”
Individual states:
** Alabama: According to this website from the Alabama Public Health Department this is the guidance on “gun shops.”
Q. May sporting goods stores and other retail stores that sell firearms and ammunition remain open to customers inside the store?
The order specifically lists “sporting goods stores” for closure, so a sporting goods store must close even if it sells firearms and ammunition. Gun shops, on the other hand, are not specifically listed; thus, they may remain open.
NSSF is still trying to get clarification on this issue.
Arizona: Firearms and ammunition are covered as “supplies for essential businesses and operations.”
California: California has a law that forbids “the seizure or confiscation of any firearms or ammunition from any individual who is lawfully carrying or possessing the firearms or ammunition, or authorize any order to that effect.” However, firearms dealers and ranges have not been listed as Essential critical infrastructure workers in the Executive Order N-33-20 from Gov. Newsom. Therefore, the localities have the discretion to keep these businesses open or close them. It appears that many gun r
ranges have closed
California cities and counties:
El Dorado County: Sheriff John D’Agostini has stated “local health officials and local law enforcement should consider these businesses as “essential.”
Fresno: A news source reported that a gun shop had been closed, but according to CRPA Fresno Police Department has not issued an order to close gun shops
**Los Angeles:
March 24:Sheriff Alex Villanueva states, “Gun shops, strip clubs, night clubs are nonessential businesses. We are trying to get them to close their doors.” That same evening L.A. County Counsel Mary Wickham said gun stores could be classified “essential”-Sheriff Villanueva reverses position. and closes gun stores and ranges.
March 27: National Rifle Association, Second Amendment Foundation and several other organizations file a lawsuit in federal court against California Gov. Gavin Newsom and Los Angeles County Sheriff Alex Villanueva on the issue of gun shops as “essential services”.
March 30: Sheriff Villanueva again reverses his position on gun stores being an “essential business.” They are allowed to open.
San Bernardino: Firearms retailers in San Bernardino County can reopen and Basspro has reopened.
San Diego: San Diego County Sheriff Bill Gore said gun shops in San Diego won’t be ordered to close because they provide a “valuable service.”
Shasta County Sheriff states gun stores are “essential” services.
Thanks to Chuck Michel, CRPA President, for the updates. All California gun owners please check out this website.
Colorado: Governor Polis’ order designates “firearms stores” as “Critical Retail.” Denver gun stores appear to be open.
In Delaware the state originally published a list of essential and non-essential business and sporting goods were in the non-essential category, while hunting and fishing was allowed. On March 27 the essential services were updated. Under the revised language “Firearms dealers may conduct sales of firearms, ammunition and other goods directly related to responsible firearm storage.” Full article can be found here.
Although Florida has not yet issued a “Stay-at-home” order some localities are issuing them. According to NSSF Delray Beach has included “firearm retailers” as “Essential Businesses.”
In Georgia there has not been an official “Stay at Home” order, but some localities are issuing local stay at home orders. In Athens-Clarke County and the city of Rome firearms retailers were ordered to close, but NSSF has had firearms industry establishments deemed “Essential” in those areas.
Gov. Brad Little in Idaho has designated gun stores as “essential” as of March 26, 2020.
In Indiana there have been reports of some localities attempting to shut down gun stores. According to NSSF: two codes in Indiana state law prohibit local governments from taking this action. First, Indiana Code 35-47-11.1-2 states that political subdivisions may not regulate the “transfer” or “commerce” of firearms, firearm accessories or ammunition. The second, Indiana Code 10-14-3-33.5 specifically relates to times of declared emergency and specifies that neither the state nor local governments may “prohibit or restrict” the lawful sale of firearms.
In Iowa the issuance of applications for purchasing pistols and/or revolvers has been left up to the individual Sheriff’s office.
While Mayor LaToya Cantrell (D) of New Orleans, Louisiana issued emergency orders that prohibited the transportation of firearms, Gov. Edwards (D) in his Proclamation Number 33 JBE 2020, has “deemed essential” firearm and ammunition suppliers. The language can be found here.
Kansas: Before adjourning the Kansas legislature passed House Committee Resolution 5015 preventing Gov. Laura Kelly from using emergency powers to seize ammunition or limit the sale of firearms due to the Covid-19 pandemic. On March 28, 2020 Gov. Kelly signed Executive Order No. 20-16 that included “manufacture or sell firearms, firearm accessories, or ammunition” as “essential services”.
Kentucky: Gov Andy Beshear has issued Executive Order 2020-267 that lists “firearms and ammunition suppliers and retailers for purposes of safety and security” as Supplies for Life-Sustaining Businesses.
Maine: Governor Mills issued an executive order that required all non-essential businesses to close their physical locations that allow “in-person” contact until April 8th. On March 26 Kittery Trading Post – a gun store – was shut down as a non-essential business.
** Maryland: On March 30 Gov. Larry Hogaln issued an updated cross reference the federal government’s DHS Guidance deeming gun stores and shooting ranges as “Critical Infrastructure.” According to a WBAL article Maryland State Police released a statement (March 24, 2020) on the issue saying: “The governor’s orders do not close gun stores. Under federal guidelines and advice from the governor’s legal counsel, gun stores are retail establishments that can remain open, provided they comply with the 10-person requirement and social distancing guidelines.
Mississippi: Gov. Tate Reeves’ Executive Order No. 1463 places firearms and ammunition suppliers and retailers under the category of Essential businesses.
Governor Steve Bullock of Montana issued an executive order that designates “firearm and ammunition suppliers and retailers” as Essential Businesses.
While there is a 2007 law prohibiting the state from imposing “additional restrictions as to the lawful possession, transfer, sale, carrying, storage, display or use of firearms, ammunition or components” during a state of emergency, the Nevada governor has explicitly closed “sporting goods and hobby shops.”
However, NICS checks are being delayed according to NSSF, “We’re getting reports from all over the state of long delays in processing background checks. NSSF has been in constant contact with officials and assured the Department of Public Safety is still being staffed and still processing background checks. These delays are due to increased volume in applications and not due to a shutdown.” On March 28 the Las Vegas Metro Police Department announced a 120-day temporary extension for CCW permits that expire after March 17, 2020
New Hampshire: Gov. Chris Sununu signed Emergency Order #17 including Exhibit A that classifies as “essential services” “gun manufacturing companies and related products (including retail)”.
** In New Jersey Governor Murphy on March 30 reversed his original closing of gun shops and has put them under the category of “critical infrastructure.” Also the NICS will reopen. However, gun ranges have been deemed non-essential and are still closed. New Jersey has quite a few indoor gun ranges that the Trump Administration deemed essential. Two lawsuits filed in federal court are still going forward.
New Mexico Governor Michelle Luhan Grisham has issued a stay-at-home order which specify firearms-related businesses as “essential”. But the order includes businesses that provide
“Facilities used by law enforcement personnel.” However, the City of Albuquerque amended their proposal on closing gun stores.
North Carolina: On March 27 Gov. Roy Cooper signed Executive Order No. 121, a stay-at-home order. The order includes language stating “gun stores … may remain open.”Using the Covid-19 pandemic as an excuse the Wake County Sheriff Gerald Baker announced that he would not issue any new Pistol Purchase Permits until at least April 30th leaving prospective gun owners vulnerable. Now the Second Amendment Foundation, Grass Roots NC and Firearms Policy Coalition have sued the Sheriff in federal court.
Ohio: HB197, a bill that includes an amendment to address Right-to-Carry Permit expirations extending the expiration date of for 90 days, has passed both Houses and is on its way to Gov. DeWine.
Pennsylvania: Gov. Tom Wolf’s list of industries that may remain open has been amended due to an opinion by the Pennsylvania Supreme Court to include retail firearms dealers as “essential” services, but with some stringent guidelines. For information check out Cam Edwards article or this on the NSSF website.
** Rhode Island: Gov. Raimonda under Executive Order 20-07 allowed the current seven-day waiting period for gun purchases to be extended to 30 days. Gun stores has been designated as “essential services”.
** Tennessee: Gov. Bill Lee has issued a new executive order that incorporates the DHS CISA guidelines concerning firearms manufacturers, distributors, retailers and ranges.
Texas: Before March 27, 2020 many jurisdictions, including Bexar, Harris and Travis Counties, as well as the cities of San Antonio, Fort Worth, Austin and Lubbock, were not classifying firearm-related businesses as “essential” On March 27 Attorney General Ken Paxton released an opinion stating, “…emergency orders from local officials may not relate to the transfer, possession, ownership or sale of firearms.” It continues, “The statutes’ unambiguous words disclose the Legislature’s intent: if a municipality or county adopts a regulation related to the transfer, possession, ownership or sale of firearms, that regulation will be void…”
Virginia: On Gov. Ralph Northam issued Executive Order No. Fifty Three that closes all indoor shooting ranges, but does not list firearms retailers as “essential”, but they are under a provision that limits “no more that 10 patrons per establishment.”
Washington: There is a stay-at-home order in Washington, but firearms-related businesses are not considered “essential.” NSSF has had reports from all over the state that police departments and shutting down firearms retailers. There is a form for businesses to request to be deemed essential, firearms dealers can find the form here. On March 27 two groups sent letters to Gov. Inslee asking him to designate licensed firearms dealers as essential businesses. The letter from the first group was composed of 46 member of the state legislature and the second letter was from 15 law enforcement leaders
Thanks to the National Shooting Sports Foundation for their information and work on behalf of firearms owners.
