by Tanya Metaksa
It’s April 1, but this is no “April Fool’s” story.
America is still largely shut down. Here’s a look at the latest developments. This listing is accurate as of the date and time listed below.
(** Before an item means it is new information since the previous report.)
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. See the March 28 Advisory Guideline here.
New Items as of April 1, 2020 9 am EDT
Florida: Gov. Ron DeSantis issued Executive Order Number 20-89 causing Miami-Dade County to ssue Amendment No. 2 to their original Emergency Order 07-20 which added “Firearm and ammunition supply stores” to the “essential services”.
Massachusetts: Gov. Charlie Baker has updated the list of Covid-19 “essential services” to include “workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.”
Oklahoma: Gov. J. Kevin Stitthas issued a statewide order to combat Covid-19 th references the Department of Homeland Security’s CiSA guideline, which includes “workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.”
South Carolina: Gov. Henry McMasterhas issued a statewide order to combat Covid-19 th references the Department of Homeland Security’s CiSA guideline, which includes “workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.”
Texas: Gov. Greg Abbott has issued a statewide order to combat Covid-19 th references the Department of Homeland Security’s CiSA guideline, which includes “workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.” In addition to this order, the Governor listed hunting and fishing as “essential activities” that Texans may continue to engage in while the order is in effect.
Individual State information
Alabama: According to this website from the Alabama Public Health Department this is the guidance on “gun shops.”
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: Twenty-two plaintiffs including the Second Amendment Foundation have sued Northern California governments regarding their gun control measures in response to COVID-19.
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. Gavin Newsom. Therefore, the localities have the discretion to keep these businesses open or close them. It appears that many gun
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: On March 24, Sheriff Alex Villanueva stated “Gun shops, strip clubs, night clubs are nonessential businesses. We are trying to get them to close their doors.” Later that evening L.A. County Counsel Mary Wickham said gun stores could be classified “essential”-Sheriff Villanueva reverses position. and closes gun stores and ranges.
The National Rifle Association, Second Amendment Foundation and several other organizations filed a lawsuit in federal court against Newsom and Villanueva on the issue of gun shops as “essential services”.
On March 30, Sheriff Villanueva again reversed 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.
Florida: March 31, 2020—Gov. Ron DeSantis issued Executive Order Number 20-89 causing Miami-Dade County to issue Amendment No. 2 to their original Emergency Order 07-20 which added “Firearm and ammunition supply stores” to the “essential services”.
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.”
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 Gov. Murphy 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 Gov. 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: Gov. Roy Cooper signed Executive Order No. 121, a stay-at-home order. The order includes language stating “gun stores … may remain open.”Wake County Sheriff Gerald Baker will accept new Pistol Purchase Permit applications.
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. Mike DeWine.
Oklahoma: On March 31, 2020 Gov. J. Kevin Stitthas issued a statewide order to combat Covid-19 th references the Department of Homeland Security’s CiSA guideline, which includes “workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.”
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 7-day waiting period for gun purchases to be extended to 30 days. Gun stores has been designated as “essential services”.
South Carolina: On March 31, 2020Gov. Henry McMaster has issued a statewide order to combat Covid-19 th references the Department of Homeland Security’s CISA guideline, which includes “workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.”
Tennessee: Gov. Bill Lee has issued a new executive order that incorporates the DHS CISA guidelines concerning firearms manufacturers, distributors, retailers and ranges.
Texas: Gov. Greg Abbott issued a statewide order to combat Covid-19 th references the Department of Homeland Security’s CISA guideline, which includes “workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.” In addition to this order, the Governor listed hunting and fishing as “essential activities” that Texans may continue to engage in while the order is in effect.
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.
