The Coronavirus Pandemic Is No Excuse to Close Gun Stores

In order for the Second Amendment right to keep and bear arms to remain meaningful, law-abiding citizens must have the ability to acquire a firearm — even during a pandemic. In fact, the right to self-defense is especially vital during national emergencies, when police forces may have additional responsibilities or limitations that make it harder for them to respond to every call for help. Americans have recognized the gravity of the current situation; firearm sales have skyrocketed since the crisis began. Unfortunately, a small minority of states and localities — supported by gun-control advocates — have sought to deny Americans their right of self-protection by closing gun stores, effectively preventing non-gun-owners from acquiring a firearm. These measures are unconstitutional and must be reversed.

The COVID-19 pandemic caused by the novel coronavirus has created an unprecedented national public-health emergency. Many states and localities have taken dramatic action to mitigate COVID-19’s spread. These emergency orders — including requiring non-essential businesses to close — have imposed restrictions on citizens’ liberties and disrupted daily life. Some of these temporary restraints are likely constitutionally permissible given the severity of the pandemic. However, even during a crisis, the government cannot completely ignore citizens’ fundamental rights.

As the Supreme Court recognized in its landmark Heller decision, the Second Amendment protects “the right of law-abiding, responsible citizens to use arms in defense of hearth and home.” Therefore, the Second Amendment “necessarily takes certain policy choices off the table.” A federal appellate court recognized that one such “untenable” policy choice is “prohibiting the commercial sale of firearms.” The Second Amendment must protect, at a minimum, the right of law-abiding citizens to acquire at least some firearm for use in the home for self-defense.

A government regulation entirely preventing citizens from obtaining firearms during this time of national crisis therefore would strike at the heart of the Second Amendment’s protection. This is not to say that states are prohibited from taking steps to ensure that citizens engage in “social distancing” or other reasonable measures while purchasing firearms. But, even accepting such measured policies as permissible, the pandemic cannot justify completely stripping Americans of their Second Amendment rights. In fact, it is precisely in times of social upheaval that the fundamental right to engage in armed self-defense is most necessary.