Should US gun stores be forcibly closed during a crisis?
Argument: they're not 'essential services', obvs
Counter-argument: #2A puts strong constitutional restraints on gov't ever using a 'crisis' as an excuse to close gun shops
What do you all think?https://thefederalist.com/2020/03/24/why-governments-shouldnt-close-gun-stores-during-a-pandemic/ …
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I think the counterargument is weak. First amendment says that the government shall not abridge "the right of the people peaceably to assemble". If 1A can be restricted for quarantine reasons, then so can 2A be so restricted---even staying within constitutional logic.
Well technically gov't enforced lockdowns violate #1A pretty egregiously, but that's another story....
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Exactly my point. If 1A can be temporarily suspended, then presumably all the reasons to do so carry over to doing the same for 2A as well.
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On the other hand, if anyone were to actually bring this to court, the orders to not assemble would get shot down as unconstitutional. It’s just that no one has actually brought it to court so far.
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