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Can cities legally order gun shops to close?

Discussion in 'Legal' started by Browning, Mar 21, 2020.

  1. Frank Ettin

    Frank Ettin Moderator Staff Member

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    Have researchers in fact determined that? If you claim that they have, provide verifiable, credible evidence. Or are you making stuff up?

    That's fine, but how do we determine that a member of the family has the virus. If the incubation period is around 2 to 14 days (current CDC estimate) if the subject had not been taking appropriate steps to mitigate transmission he could infect a lot of other people before he's clinically (from symptoms) identified as sick.
     
  2. marvin02

    marvin02 Member

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    Bold added by myself.

    Acceptable to who? Isn't it nice to advocate the death of others (you hope?) for the "greater good" when you have added no evidence to your claims.

    What does this and many of the other replies have to do with the topic of the thread?

    Isn't this the legal forum?
     
  3. Frank Ettin

    Frank Ettin Moderator Staff Member

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    It has been suggested that a discussion of ways of managing the pandemic are not relevant to the initial question of whether a State or the federal government could close gun shops. However, they are related issues.

    Note the federal statute I cited and quoted in post 8. To the extent a state of local governmental agency is relying on a law similar to that federal law, whether or not an agency's actions will be sustained by a court will to some extent be a function of how well the agency can make the case that its actions were reasonably necessary to prevent the spread of a communicable disease.
     
  4. D.B. Cooper

    D.B. Cooper Member

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    This article from Reuters discusses your question from the opposite side. The main idea of the article is that the President has very little authority to override local edicts in dealing with emergencies, which would suggest that local governments do, indeed, have broad powers. It doesn't specifically address gun shops, but it does address the general concepts of local governments' emergency power.

    https://www.reuters.com/article/us-...le-power-to-restart-u-s-economy-idUSKBN21B3F5
     
  5. D.B. Cooper

    D.B. Cooper Member

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    I took his remark as sarcasm; was I wrong?
     
  6. dogtown tom

    dogtown tom Member

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    Really? A whopping 24 hours will stop Corona.
    Whoever told you that is insanely stupid.


    Well, when a virus has up to a two week incubation period (as does Corona) before anyone in that "cluster" may exhibit symptoms, they continue to spread the virus.
    Again, the source of your information is insanely stupid.

    And continuing to spread the virus John shed at work before any symptoms appeared.



    I've paid attention to real epidemiologists and medical professionals....none of whom share your insight.
     
  7. Jim Watson

    Jim Watson Member

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    Yes, and that will be determined in the dim distant future if the plaintiff, lawyer, and judge survive to litigate it.

    In the meanwhile it is not necessarily whether government agencies have the authority, it is that they have the power.
     
  8. illinoisburt

    illinoisburt Member

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    The assumption is actions taken by government are lawful until court review determines otherwise. Municipal health codes have been around a long time, and putting in place temporary closures of commercial business structures ordinarily open to the public is very likely going to withstand review. Although not specifically about gun stores, the ACLU has notices they are monitoring these restrictions closely to protect people's rights (special emphasis on church closures).
     
  9. Frank Ettin

    Frank Ettin Moderator Staff Member

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    In Pennsylvania a number of parties, including a gun shop, applied to the Pennsylvania Supreme Court (No. 63 MM 2020) for a preliminary injunction preventing Governor Wolf from implementing a broad business closure order that included gun shops. The Pennsylvania Supreme Court simply denied the application (except with respect to one issue involving availability of legal services, which issue was determined to be moot because of changes the Governor had made to the order).

    The ruling of the Pennsylvania Supreme Court may be read here.
     
  10. jonnyc

    jonnyc Member

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    However.......the governor then re-issued his guidelines that included provisions for gun shops to reopen today (Wed.) by appointment, and certain other provisos. We were open 10-5 today, and I expect that will continue for the time being.
     
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