Federal Court Denies Restraining Order to Open LA County Gun Stores

gun store coronavirus

(AP Photo/Marcio Jose Sanchez)

Firearms Policy Coalition (FPC) issued the following statement after Federal District Judge André Birotte Jr., a Barack Obama appointee, denied a request for a temporary restraining order in a federal civil rights lawsuit in Los Angeles:

Unfortunately, the Court’s utterly absurd and misguided constitutional analysis allowed the City of Los Angeles and other defendants to continue violating the fundamental, individual rights of millions of people in Los Angeles County. The Court’s awful ruling in this matter is far from the end of this lawsuit. We will continue to seek a preliminary injunction in this matter and are prepared to seek relief from the Ninth Circuit and the Supreme Court should doing so be necessary to end these unconstitutional bans, defend liberty, and fight for the rights of our members and the public.

Notably, however, the Court held that, with “respect to Executive Order N-33-20, State Defendants have shown that the order does not require the closure of firearms or ammunition retailers.” Last Friday, attorneys for California Governor Gavin Newsom and and Public Health Officer Sonia Angell argued that, as “the Governor has publicly confirmed, the Executive Order does not mandate the closure of firearms and ammunition retailers. To the extent any local official acting on his or her own authority requires the closure of those retailers, such actions do not concern the Executive Order.” More, they said, people “face no imminent and irreparable harm that may be traced to the Executive Order or the State Defendants.” Thus, according to Governor Newsom and Public Health Officer Angell – and now, a federal judge – the operation of firearm and ammunition retailers are not banned under the State’s Orders. 

 – FPC Statement on Federal Court’s Denial of a Temporary Restraining Order in Los Angeles Gun Store Closure Lawsuit

comments

  1. avatar DCJ says:

    So the executive order doesn’t require it but locals can? So the FPC sued on the wrong issue? Or?

    1. avatar uncommon_sense says:

      I am at least as confused as you are.

      Did the Firearms Policy Coalition name the wrong party (the State of California rather than Los Angeles County) as the defendants in their lawsuit? That seems like a gargantuan blunder.

    2. avatar BusyBeef says:

      They sued the wrong person/entity.

      1. avatar Barnbwt says:

        More like the buck was passed to the locals before it could take down Newsomes EO power. Yeah, I’m totally sure a group as experienced & savvy as FPC sued the wrong government by mistake. Right.

    3. avatar John says:

      I could be wrong as I most assuredly don’t know the FPC strategy and I am not a lawyer but I see this as the FPC getting the state on judicial record saying they, through EO, are not requiring gun stores to be closed. That preemptively knocks down a potential defense strategy of the individual counties and municipalities that have shut down gun stores. Now why the FPC didn’t or couldn’t go after all government entities at once I have no idea. I’m a member of FPC, along with GOA, SAF and my state gun rights organization, Grass Roots North Carolina, and consider it money well invested.

    4. avatar Mark N. says:

      Let’s slow down there a moment friends. They sued the State, the County of Los Angeles and the Los Angeles County Sheriff. The Court ruled that the State was not a proper party since Noisome’s order does not r3quire the closing of gun stores. The State is out but the other defendants remain.

    5. avatar EndDangerEd says:

      They sued the right folks but the Judge, through his finding, pushed the shite downhill so that now they will have to sue EVERY Individual entity that has forced closure and refused NICS checks…. In other words they are trying to obfuscate by increasing the complexity of the prosecution. Dirty pool… more like a brown floatee in the pool! CA has sunk to a new LOW. I suspect that individual jurisdictions will fold when sued as they will claim it was just a misunderstanding caused by the stress of the Pandemic. Cowards, one and all!

      1. avatar Sam I Am says:

        “In other words they are trying to obfuscate by increasing the complexity of the prosecution.”

        It is a characteristic of federalism. The central government creates laws, states create laws, municipalities create laws. If a muni creates a law that violates state law, the muni can be sued under both state law, and federal law (circumstances pending). If one law violates another, and no one brings charges, “unlawful” laws can remain on the books, and be enforced.

        The central government does not have flying squads searching out unconstitutional state laws (and “constitutional” is a matter of opinion). States do not have flying squads searching out local laws that violate state law. Every statute is considered proper until proven otherwise as a matter of dispute before the bar.

        So, “public health” is considered a “compelling government interest”. If a public health directive/law conflicts with higher law (i.e. the constitution), the question is what level of scrutiny is required. If the level is “strict scrutiny”, the law must be interpreted as to whether it is tightly drawn so as to address the issue at hand, and that no other remedy for the public health/safety will result in achieving/maintaining public health. Our considered opinions are irrelevant.

      2. avatar Retrocon says:

        Then they should just escalate to federal court. The Second Amendment is a federal protection. If

  2. avatar possum says:

    Ohh fck, I thought I going to read something relevant.,. I think California lost it when I seen a hairy dude with leather straps and a midget in a yellow thing riding piggyback with a whip. I kinda thought, ” Wow possum, your not in Kansas anymore.” So after that anything out of California doesn’t surprise me.

    1. avatar Hillbilly says:

      So you too have been to the California Welcome Center?

      1. avatar possum says:

        Used to not be that,,,, freedom and morals is a complex panjandrum. I think it may have gone a little to far??? But to judge is to limit freedom

        1. avatar Geoff "Guns. LOTS of guns..." PR says:

          “But to judge is to limit freedom”

          From the mouths of…, er, the snout of, the marsupial one… 🙂

        2. avatar Hillbilly says:

          See that one went over your possum head. I hear in the Castro District they check your prostate for free.

    2. avatar Vanilla says:

      I moved to CA 8 years ago and I discovered pegging. You got to try it, you will shoot 2 or 3 huge loads within minutes of being rammed.

      1. avatar Chocolate says:

        It’s not “pegging” if a guy does it to you. Which in your case is exactly what happens.

  3. avatar IndyJr says:

    Obviously that judge is the dumbest mf’er on the planet and is going to look like a retarded moneky when it’s overturned. Boycott California and all products made in that depraved shithole. Trump should put a wall around it too..

    1. avatar possum says:

      people in the Philippines don’t like being called a monkeys, your a racist Republican forum dah USA

    2. avatar Sam I Am says:

      “Obviously that judge is the dumbest mf’er on the planet and is going to look like a retarded moneky…”

      The state did not issue an order closing gun stores for being non-essential, or for any reason at all. FPC sued the state to enjoin an action the state did not commit. (based on what we know from the article) To be blunt, who is the dummy?

      For purposes of entertainment, perhaps FPC will need to sue every municipality in LA County, individually.

      1. avatar Barnbwt says:

        Possibly because it’s the state’s job to reign in municipalities on this sort of thing, otherwise FPC has to sue every.single.town that does this, in a state as large as CA, and the state has the authority to reverse these.

        If a county clerk tries to ban mosques, you bet your ass CAIR will sue the state government.

    3. avatar Roger J says:

      If you are a Leftist Judge being overruled it is not looked down upon as incompetency. Your proving your commitment to the struggle.

  4. avatar Casey says:

    Before they left, I asked Mom and she said we could have ice cream, but the babysitter doesn’t believe me and won’t let us have it. When Mom and Dad get home, they’ll set the babysitter straight, even if they tell us we have to wait until tomorrow to get our ice cream because it’s too late.

    But for right now, there’s no ice cream, and the babysitter’s jack booted thug of a boyfriend will happily get physical if we push the issue.

    So obviously, now is the time to ignore the babysitter and just go get own own damn ice cream.

    1. avatar Someone says:

      Maybe now it’s time to realize that we are not little children, the State is not our parents and we don’t have to obey any stupid babysitter. And if her big boyfriend tries anything there is enough of us to kick him to the curb.

  5. avatar Debbie W. says:

    Nitwit judge appointments occur when democRats like the self serving lord marshal b. h. obama are elected by politically inept history illiterates that threw Content Of Character out the window and fell for what dropped out of bill ayers lily white communist behind.

    1. avatar possum says:

      Ur wrapped to tight. It’ll make Ur head explode

      1. avatar Debbie W. says:

        Thank you breadline bernieroid, I’ll file your suggestion in the crapper. You need to learn the difference between to and too. That way you won’t look like a bigger more ignorant mealy mouth useful idiot than you already are.

        1. avatar possum says:

          Well thank you for your kind words. Mealy mouthed, heck yes and termites too, whatever makes you full… Breadline Burnoid????? I’m drawing a social security check.,,,,,grrrrrrr. that kinda pissed me off. Is this elaineD???? U trickster

        2. avatar I Haz A Question says:

          Debbie…it’s possum. If you don’t know him, then you don’t know him. Just roll with it and enjoy his goofy comments like the rest of us do. You can’t expect a marsupial to always speaka-da-good-Engrish.

  6. avatar cgray says:

    AR goobers going to court with their hats in hand instead of opening those gun stores with force.

    LOL

    1. avatar Derp says:

      Exactly! Real patriots would get strapped and open that store by force. I’ll be right behind you (well, really far behind because like all POTGs when things get real I run the other way)!!!

      1. avatar Debbie W. says:

        You and your butt buddy need to cease blowing smoke and get a box and go door to door in your neighborhood and demand residents put their guns in your box. Don’t be surprised when frying pans land on top of your heads. Hop to it tough guys.

        1. avatar Jeff the Griz says:

          This is a great response to the trolls.

        2. avatar possum says:

          talks cheap, ,,, you might get the chance to back it up.

        3. avatar cgray says:

          Keep typing tough on the internet, cunt.

        4. avatar Sam I Am says:

          “Keep typing tough on the internet, cunt.”

          I think you are misreading things.

  7. avatar Mack The Knife says:

    To have a balanced justice system, judges that are over ruled should be open to being sued.

    1. avatar tired of it says:

      There should be a three strike rule. get overruled three times and you get removed from the bench and disbarred.

      1. avatar enuf says:

        Now that’s just silly, and kind of scary too. You would end up with a judicial system having only one judge with dictatorial powers.

    2. avatar Busy Sanchez says:

      Get overruled 3 times and you must lick Sotomayor or RBG

  8. avatar Debbie W. says:

    To whom it may concern…
    If you have no use for a means of self defense no one is forcing you to buy a bat, knife or firearm.
    If you have a deranged disdain for the Rights of others that’s a problemo. The only way the problem can be solved is for you to wear a yellow arm band to signify your disdain for firearms, etc. That way if a gun owner sees you getting the pee beat out of you or kidnapped or carved up they won’t waste time and ammo saving your worthless behind.

    1. avatar possum says:

      They gave me a couple arm band once. Come to find out that meant I was one of the casualties. I just tho it meant don’t get caught buying a chocolate malt

      1. avatar possum says:

        PURPLE

        1. avatar jwm says:

          No doubt a head wound.

  9. avatar jwm says:

    Judges matter. Trump 2020.

    1. avatar Chris T in KY says:

      Trump 2020

  10. avatar enuf says:

    This story is too thin. Did the FPC screw up? Sue the wrong hoplophobe in Federal court?

    Pleased to see the FPC and other gun rights groups taking action, as in always. But if they screw up (Wayne’s Suits!, for example), that needs to be plainly and openly explained.

    Yes the judge is wrong, we all know that, that’s not the question. When you sue somebody your lawyer’s mistakes cost you, not the other guy!

  11. avatar Kat says:

    If I cannot go to my yoga classes I don’t see why you should be able to go to the gun store. Yoga is as essential in my life as guns are in yours. I love yoga, I wear yoga pants most of the time and guys seem to like it. If you comment on my Instagram maybe I will consider going to the shooting range with you. xoxo

    1. avatar neiowa says:

      How many lb of lard can you cram into a 5lb spandex sack?

      And will others be amazed/shocked? Yes

    2. avatar Sam I Am says:

      “If I cannot go to my yoga classes I don’t see why you should be able to go to the gun store. Yoga is as essential in my life as guns are in yours. I love yoga, I wear yoga pants most of the time and guys seem to like it.”

      I’ve seen you in those pants. A moment in my life I can’t un-see.

      1. avatar jwm says:

        Downward Dog!! Downward Dog!! Oh! My! God! Downward Dog!!!!!!!!!

  12. avatar conrad says:

    WA locked down gun stores yesterday, but can buy pot and vape a few doors down.
    The Governor is a real drama queen.

    1. avatar conrad says:

      gun stores in WA are open. not everything is as it appears.

      1. avatar Southern Cross says:

        As of last weekend gun shops were still open in Her Majesty’s colony of New South Wales. But they are taking the Chinese coronavirus seriously. Only a limited number of people in the store. Before entering use hand sanitizer AND put on rubber gloves. Even for my son who wasn’t going to touch anything, and he didn’t. Staff were wearing gloves and masks. Minimum distances were enforced.

        But at least they were open.

  13. avatar Darkman says:

    Judges did not win Our Freedom. Judges cannot preserve Our Freedom. For they are appointed by both those who work. Both for and against Freedom. Thus dividing the courts. As they have the populace. It was/is the Duty of Citizen/Patriots who believe in Freedom. To both Protect and Preserve Our Freedom. By all means necessary. Even if that means bloodshed. Will your last breath. Be that of a Free Citizen or a Subject. What will you leave for your family? Freedom or Servitude. Many have willingly died in the name of Freedom. Many more have died under the yoke of Servitude. Keep Your Powder Dry.

  14. 🎶🎵🎤🎵🎶”….And the U.S. Constitution-Bill of Rights is Burning….Burning USA !!!🎵🎶🎶”

  15. “…Is this for REAL…It’s nice to know that a Viral Pandemic CAN be treated by Government takeovers, and lose of constitutional freedoms….Nice to see 👀 our justice system NOT providing ANY….Its a good thing the New World 🌎 Order knows how to treat plagues…With reduced civil rights….

  16. avatar Paladin says:

    Trump said gun stores are essential for safety! Class action civil suit against that judge!
    How many people do we need?

  17. avatar HEGEMON says:

    0bama is a cancer. 0bama appointed judges are also insidious cancers. I would bet EVERYTHING that I own that judge Birotte has NEVER read the Constitution, only leftist treatises on how to circumvent it.

  18. avatar Ralph says:

    :If the law supposes that,” said Mr. Bumble, squeezing his hat emphatically in both hands, “the law is a ass — a idiot.”

  19. avatar Tom in PA says:

    The Tree of Liberty must be getting very thirsty right about now…

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