U.S.A. –-(Ammoland.com)- Several days after the Second Amendment Foundation warned the Mayor of New Orleans against suspending firearms sales in reaction to the COVID-19 outbreak, that organization has hit the New Jersey governor with a federal lawsuit alleging depravation of rights for “shutting down firearms dealerships in the Garden State, thus preventing citizens from exercising their rights under the Second and Fourteenth amendments.”
It may be the first time in history for such a legal action, as panic over the Coronavirus continues.
SAF is joined by the New Jersey Second Amendment Society, on behalf of Robert Kashinsky and Legend Firearms, a gun shop in the state. They are represented by noted civil rights attorney David Jensen at Jensen & Associates in Beacon, N.Y. He is also representing SAF and the Connecticut Citizens Defense League in a federal lawsuit against the state of Connecticut’s prohibition on so-called “high capacity magazines.”
In the New Jersey case, Gov. Phil Murphy and State Police Supt. Patrick J. Callahan are defendants in their official capacities. The complaint, filed in U.S. District Court for the District of New Jersey, alleges depravation of rights under 42 U.S.C. § 1983. The case is known as Kashinsky v. Murphy. The complaint may be read here.
The lawsuit contends that Murphy, by issuing Executive Order 107 on March 21, mandated “the closure of all retail businesses that sell firearms or ammunition and of making the portal for firearms background checks unavailable on the website of the New Jersey State Police…amount to a ban on obtaining firearms or ammunition in the State of New Jersey.”
Kashinsky, according to the federal complaint, does not own a firearm, but he recently obtained a Firearms Purchaser Identification card for the purpose of buying a gun out of concern for his ability to protect himself and his wife in the event of an emergency. However, Murphy’s executive order was quickly followed by a notice posted on the State Police background check portal of its website “indicating that the State Police would no longer conduct background checks,” the lawsuit says.
“Gov. Murphy cannot simply suspend the Second Amendment, and neither can Supt. Callahan,” said SAF founder and Executive Vice President 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,” Gottlieb observed. “but they’re the last state to recognize it.”
In 2005 following Hurricane Katrina, SAF and the National Rifle Association took the City of New Orleans to federal court over firearm seizures conducted by the administration of former Mayor Ray Nagin. The court found those gun confiscations—some of which were done at gunpoint—to be unconstitutional.
Recently, when North Carolina Gov. Roy Cooper declared a statewide emergency due to the Coronavirus, SAF reminded officials about the case of Bateman v. Purdue, that prevents suspension of Second Amendment rights during an emergency in that state. The intent was to allow people to venture outside their homes with firearms in the event of a disaster, such as a hurricane.
“We could not have foreseen that our case against North Carolina would ever keep citizens safe in this kind of emergency,” Gottlieb said, “but we are delighted that no public official can arbitrarily render the state’s residents unable to defend themselves on the grounds of a declared emergency. That’s the time when honest citizens might need their firearms the most while away from home.”
Just days ago, Illinois Gov. J.B. Pritzker signed an emergency order that actually exempts firearm and ammunition distributors and retailers from any shutdown, recognizing them instead as “essential businesses…for the purposes of safety and security.” SAF applauded the governor.
The New Jersey lawsuit could put other states on notice about trying to shut down the exercise of Second Amendment rights. Most state constitutions also have right-to-bear-arms provisions, and they are often more protective than the Second Amendment.
About Dave Workman
Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books #add on the Right to Keep & Bear Arms and formerly an NRA-certified firearms instructor.
This and much more than this NEEDS to happen to EVERYONE who would delay or deny ANY free American citizen their GOD given, constitutionally protected RIGHT to keep and bear arms. We NEED more people, enforcement and lawyers who will arrest and prosecute ANYBODY and EVERYBODY that legislates, judges, lawyers, enforces or finances any and every law that is unconstitutional. We NEED judges, righteous judges who will uphold the constitution and ALL it’s built upon. IF, and it’s a big IF, this can be done successfully there is potential of NOT needing to do battle to get our rights, our… Read more »
Excellent, SAF.
“It may be the first time in history for such a legal action, as panic over the Coronavirus continues.”
Bullcrap. It is as Saul Alinsky said…”Never let a crisis go to waste”.
Democrats are feeling their oats, since Americans refuse to stand and defend their Rights, and are intoxicated with the prospect of disarming more Americans, you know, making more slaves.
the enemy is with in DO NOT B FOOLED
Mr. Workman,
Thank you a great article and true I read al your articles that are posted here.
Our proudly progressive Governor Phil Murphy is a ardent anti 2A Governor. A few days ago on a live telecast a pro gun person asked the Governor about this issue and he replied rather quickly and deferred to the AG Grewal and NJSP Superintendent , Colonel Callahan on this issue. For whatever reason they have deemed that gun stores are non essential, same for purchases and the NICS system here has been shut down.
The virus choking the NRA to death isn’t named “Corona”. It’s the “LaPierre Virus”, and that infection has gone untreated for decades. Front line staff laid off, salaries cut, while Wayne spends millions of dollars a month of membership funds for his own personal legal defense.
“Non-Profit” my A$$. Indictments are inevitable.
NRA Lays Off Staff, Cuts Salaries As Coronavirus Reduces Revenue
https://www.thetruthaboutguns.com/nra-lays-off-staff-cuts-salaries-as-coronavirus-cuts-into-revenue/
All any of these Governors, Senators, Mayors etc have to remember is 4 little words SHALL NOT BE INFRINGED. To us Law Abiding Gun Owners which are Citizens of the United States these 4 words mean that any law that infringes on any of our rights to keep and bear arms is an illegal law.
Every person who holds public office should be required to read and understand the Constitution of the United states and then sign a document stating that they do, and will follow it to the letter.
Further, if they fail to do so, would mean immediate removal from that office.
Taking an oath should mean more than just repeating some words to get what you want.
depravation of rights
First time I let it pass, figuring a typo. Second time, must be a misunderstanding.
depravation, deprivation.. sound similar asmost often pronounced bu t have very different meanings.
Look at the one vowel, the “i” or “a”. Go back to the root deprive, deprave. The first means to deny, remove. Second means to pervert, corrupt. In this instance, both apply, as the depraved are attempting to deprive.. But the legal term is to deprive, as in, take away, remove, deny, steal.
Go git ’em. Make em pay.
This must continue to happen everytime an American communist tyrant tries to create these anti-constitutional laws.