Federal Judge: Cuomo Can Consider Gun Stores “Non-Essential Businesses”

A legal challenge to Gov. Andrew Cuomo’s order declaring non-essential businesses, including gun stores, to close because of the COVID-19 coronavirus was dealt a setback this week when a federal judge declared that the Second Amendment rights of New Yorkers weren’t violated by the shutdown of most retailers.

The lawsuit was brought by Long Island-based Dark Storm Industries, which had argued that Cuomo’s non-essential business declaration amounted to a violation of the right to keep and bear arms, since New Yorkers hoping to purchase a firearm would be unable to do so. U.S. District Judge Lawrence Kahn disagreed, however, and in his decision pointed out that plenty of New Yorkers found a way to purchase a firearm since the order went into effect in March.

After the orders were issued, Dark Storm contacted the Cuomo administration, which relayed that the company could continue business with law enforcement and the military, but not civilians. 

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