Second Amendment Lawsuits
For those jurisdictions that have not designated gun stores as "essential" and hence subject to closure, have you been threatened with suit under the Second Amendment? Several counties in California have not exempted gun stores, and Second Amendment groups are already making noise about challenging closure orders.
[cid:image002.jpg@01D60679.F22D8FD0]http://www.gmsr.com/Timothy Coates | Managing Partner | Appeals, Writs, and Trial Court Consulting
Greines, Martin, Stein & Richland LLP
5900 Wilshire Boulevard, 12th Floor, Los Angeles, CA 90036
(310) 859-7811 | LinkedInhttps://www.linkedin.com/company/143239 | Twitterhttps://twitter.com/gmsrlegal | vCardhttps://www.gmsr.com/wp-content/uploads/2016/09/Timothy-T-Coates.vcf
Read the latest appellate tips and strategies from GMSRhttps://www.gmsr.com/appellate-insights/.
Pennsylvania already made an initial 4-3 ruling on the question. The dissent made suggestions because of not only Second Amendment, but how state law limited purchases to "in-store" purchases, when stores are closed.
I understand Governor provided additional guidance/medications to address some or of those concerns.
Sent from my Verizon, Samsung Galaxy smartphone
-------- Original message --------
From: "Timothy T. Coates" tcoates@gmsr.com
Date: 3/30/20 1:01 PM (GMT-05:00)
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Second Amendment Lawsuits
CAUTION: This email originated from outside of the organization! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe!
For those jurisdictions that have not designated gun stores as “essential” and hence subject to closure, have you been threatened with suit under the Second Amendment? Several counties in California have not exempted gun stores, and Second Amendment groups are already making noise about challenging closure orders.
[cid:image002.jpg@01D60679.F22D8FD0]http://www.gmsr.com/Timothy Coates | Managing Partner | Appeals, Writs, and Trial Court Consulting
Greines, Martin, Stein & Richland LLP
5900 Wilshire Boulevard, 12th Floor, Los Angeles, CA 90036
(310) 859-7811 | LinkedInhttps://www.linkedin.com/company/143239 | Twitterhttps://twitter.com/gmsrlegal | vCardhttps://www.gmsr.com/wp-content/uploads/2016/09/Timothy-T-Coates.vcf
Read the latest appellate tips and strategies from GMSRhttps://www.gmsr.com/appellate-insights/.
The Texas Attorney General’s Office issued an opinion regarding the issue. See below for the press release and link to the opinion.
[Texas Attorney General, Ken Paxton]
FOR IMMEDIATE RELEASE
March 27, 2020
www.texasattorneygeneral.govhttp://www.texasattorneygeneral.gov
PRESS OFFICE: (512) 463-2050
Kayleigh Date:
Communications@oag.texas.govmailto:Communications@oag.texas.gov
AG Paxton: Local Governments Must Allow the Sale of Firearms
AUSTIN – Texas Attorney General Ken Paxton today issued a legal opinion following a request from Representative Dustin Burrows regarding the sales of firearms in Texas municipalities and counties. The opinion concludes that municipal and county authorities may not use emergency powers to regulate or restrict the sale of firearms.
“State law provides several emergency powers to local governments to control movement within their region during a disaster, which serves our communities well during public health events like the one we’re fighting now. However, local regulation of the sale, possession, and ownership of firearms is specifically prohibited under Texas law,” said Attorney General Paxton. “Under our laws, every Texan retains their right to purchase and possess firearms.”
Under the Texas Local Government code, municipal governments possess the limited authority to regulate the use of firearms during a disaster; however, that authority does not extend to the regulation of transfer, possession, ownership or sale of firearms.
For information on the spread or treatment of Coronavirus (COVID-19), please visit the Texas Department of State Health Serviceshttps://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Flnks.gd%2Fl%2FeyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDEsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMDAzMjcuMTk0MDM4MjEiLCJ1cmwiOiJodHRwczovL2RzaHMudGV4YXMuZ292L2Nvcm9uYXZpcnVzLz91dG1fY29udGVudD0mdXRtX21lZGl1bT1lbWFpbCZ1dG1fbmFtZT0mdXRtX3NvdXJjZT1nb3ZkZWxpdmVyeSZ1dG1fdGVybT0ifQ.0CXUAu_d9sir52RNOWQoVhujLMUm1V-tG1CAtqp_ipU%2Fbr%2F76718250150-l&data=02%7C01%7CDeidra.Penny%40houstontx.gov%7Cccacfa1bc9d2415084e708d7d26eb606%7C57a85a10258b45b4a519c96c7721094c%7C0%7C0%7C637209245248078536&sdata=nUQky%2FTx0I4LzXZ40iRMYdONhJl4pGwb279B%2FGBED8k%3D&reserved=0 website.
Deidra Penny
Deputy City Attorney & First Assistant City Attorney
City of Houston Legal Department
Deidra.Penny@HoustonTx.govmailto:Deidra.Penny@HoustonTx.gov
832.393.6246tel:832.393.6246 (O)
The information contained above or attached is privileged and/or confidential. If you received this data in error, please notify me, destroy all copies immediately and do not copy or distribute the information.
From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Timothy T. Coates
Sent: Monday, March 30, 2020 12:00 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Second Amendment Lawsuits
[Message Came from Outside the City of Houston Mail System]
For those jurisdictions that have not designated gun stores as “essential” and hence subject to closure, have you been threatened with suit under the Second Amendment? Several counties in California have not exempted gun stores, and Second Amendment groups are already making noise about challenging closure orders.
[cid:image003.jpg@01D60692.1E6E8640]https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.gmsr.com%2F&data=02%7C01%7CDeidra.Penny%40houstontx.gov%7C4988e6bf3d25441bf61708d7d4cbf722%7C57a85a10258b45b4a519c96c7721094c%7C0%7C0%7C637211844816200769&sdata=RFlEc6piMfnCm5I69%2BMwr15DNje%2F6CDDjDk1BwXh08k%3D&reserved=0Timothy Coates | Managing Partner | Appeals, Writs, and Trial Court Consulting
Greines, Martin, Stein & Richland LLP
5900 Wilshire Boulevard, 12th Floor, Los Angeles, CA 90036
(310) 859-7811 | LinkedInhttps://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.linkedin.com%2Fcompany%2F143239&data=02%7C01%7CDeidra.Penny%40houstontx.gov%7C4988e6bf3d25441bf61708d7d4cbf722%7C57a85a10258b45b4a519c96c7721094c%7C0%7C0%7C637211844816210763&sdata=3l%2FBF0OJw%2B8f%2FixiRo0H4Azj9pQx0e30clMm8Yanmmo%3D&reserved=0 | Twitterhttps://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ftwitter.com%2Fgmsrlegal&data=02%7C01%7CDeidra.Penny%40houstontx.gov%7C4988e6bf3d25441bf61708d7d4cbf722%7C57a85a10258b45b4a519c96c7721094c%7C0%7C0%7C637211844816210763&sdata=nGCmZEuWfwMRvlhEe%2F5VCj8QrNA6cGMkZtsGjBwOH%2BE%3D&reserved=0 | vCardhttps://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gmsr.com%2Fwp-content%2Fuploads%2F2016%2F09%2FTimothy-T-Coates.vcf&data=02%7C01%7CDeidra.Penny%40houstontx.gov%7C4988e6bf3d25441bf61708d7d4cbf722%7C57a85a10258b45b4a519c96c7721094c%7C0%7C0%7C637211844816220758&sdata=hIG6McjM%2Fg0ZAAAaQzZp1OmTem%2FN1GX%2FT53ChafVlD0%3D&reserved=0
Read the latest appellate tips and strategies from GMSRhttps://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gmsr.com%2Fappellate-insights%2F&data=02%7C01%7CDeidra.Penny%40houstontx.gov%7C4988e6bf3d25441bf61708d7d4cbf722%7C57a85a10258b45b4a519c96c7721094c%7C0%7C0%7C637211844816220758&sdata=DAV6lkAd5YrTKPmwMtFpRrtrAxoj%2FzhH%2B3OvmNWPnrE%3D&reserved=0.
Good afternoon - I think many jurisdictions, including ours, have not expressly designated gun stores as "essential". However, "shelter in place" or "stay at home" orders often include language providing an exemption for those operations and workers classified as the Essential Critical Infrastructure Workforce as identified by the National Cybersecurity and Infrastructure Agency (CISA).
This past weekend, on March 28, 2020, the U.S. Department of Homeland Security quietly updated the COVID-19 advisory guidance list to include the sale of firearms/ammunition and shooting ranges (see page 6, Law Enforcement, Public Safety, and Other First Responders). So, while gun stores may not be explicitly mentioned in a local jurisdiction's order, it may nonetheless be exempt from closing under CISA if that particular language is included in the order. Attached is a copy of the updated list provided by CISA.
EVARISTO GARCIA, JR.
Assistant City Attorney
General Counsel
[cid:image001.png@01D4A679.55752060]
CITY OF McALLEN
CITY ATTORNEY'S OFFICE
P.O. Box 220
McAllen, Texas 78505-0220
Telephone (956) 681-1090
Facsimile (956) 681-1099
E-Mail egarcia1@mcallenpd.netmailto:egarcia1@mcallenpd.net
Website www.mcallen.nethttp://www.mcallen.net/
CONFIDENTIALITY NOTICE: This electronic communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It is intended solely for the use of the individual or entity to whom it is addressed. This electronic communication, and all attachments, may also be protected by the attorney-client privilege and the attorney work-product doctrine and/or contain information that is otherwise privileged, confidential, and exempt from disclosure under other applicable law. If you are not the intended recipient, employee, or the authorized representative, then you are hereby notified that any dissemination, reproduction, distribution, forwarding, using, storing, printing, or copying of this electronic communication and all attachments is unauthorized and strictly prohibited. Please notify us immediately if you received this in error and delete the electronic communication and all attachments from your system. Thank you.
From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Timothy T. Coates
Sent: Monday, March 30, 2020 12:00 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Second Amendment Lawsuits
For those jurisdictions that have not designated gun stores as "essential" and hence subject to closure, have you been threatened with suit under the Second Amendment? Several counties in California have not exempted gun stores, and Second Amendment groups are already making noise about challenging closure orders.
[cid:image002.jpg@01D60694.651108F0]http://www.gmsr.com/Timothy Coates | Managing Partner | Appeals, Writs, and Trial Court Consulting
Greines, Martin, Stein & Richland LLP
5900 Wilshire Boulevard, 12th Floor, Los Angeles, CA 90036
(310) 859-7811 | LinkedInhttps://www.linkedin.com/company/143239 | Twitterhttps://twitter.com/gmsrlegal | vCardhttps://www.gmsr.com/wp-content/uploads/2016/09/Timothy-T-Coates.vcf
Read the latest appellate tips and strategies from GMSRhttps://www.gmsr.com/appellate-insights/.
[https://www.mcallen.net/images/default-source/default-album/2020-census-logo.png] https://www.mcallen.net/census2020/
Disclaimer: If you are not the intended recipient or have received this e-mail in error, please notify me via return e-mail and telephone at 956-681-3111, and permanently delete and purge the original and any copy thereof. This e-mail, with attachments hereto, if any, is intended only for receipt and use by the addressee(s) named herein, and may contain legally privileged and/or confidential information. Regardless of address or routing, if you are not the intended recipient, then you are hereby notified that any use, copying, reproduction, dissemination, distribution, or transmission of this e-mail, and any attachments hereto, is strictly prohibited. Whereas all reasonable steps have been taken to ensure the accuracy and confidentiality of the information and data submitted herein, the City of McAllen and its employees are not liable if information or data is corrupted or does not reach its intended destination.
I am sure it will surprise no one that the Texas AG says we can’t restrict the sale of firearms with emergency powers
[Texas Attorney General, Ken Paxton]
FOR IMMEDIATE RELEASE
March 27, 2020
www.texasattorneygeneral.govhttp://www.texasattorneygeneral.gov/
PRESS OFFICE: (512) 463-2050
Kayleigh Date:
Communications@oag.texas.govmailto:Communications@oag.texas.gov
AG Paxton: Local Governments Must Allow the Sale of Firearms
AUSTIN – Texas Attorney General Ken Paxton today issued a legal opinion following a request from Representative Dustin Burrows regarding the sales of firearms in Texas municipalities and counties. The opinion concludes that municipal and county authorities may not use emergency powers to regulate or restrict the sale of firearms.
“State law provides several emergency powers to local governments to control movement within their region during a disaster, which serves our communities well during public health events like the one we’re fighting now. However, local regulation of the sale, possession, and ownership of firearms is specifically prohibited under Texas law,” said Attorney General Paxton. “Under our laws, every Texan retains their right to purchase and possess firearms.”
Under the Texas Local Government code, municipal governments possess the limited authority to regulate the use of firearms during a disaster; however, that authority does not extend to the regulation of transfer, possession, ownership or sale of firearms.
Sent from my iPad
On Mar 30, 2020, at 12:01 PM, Timothy T. Coates tcoates@gmsr.com wrote:
CAUTION: This email originated from outside of the City of Plano network. Do not click links or open attachments unless you recognize the sender and know the content is safe.
For those jurisdictions that have not designated gun stores as “essential” and hence subject to closure, have you been threatened with suit under the Second Amendment? Several counties in California have not exempted gun stores, and Second Amendment groups are already making noise about challenging closure orders.
https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.gmsr.com%2F&data=02%7C01%7Cpaigem%40plano.gov%7Cf539198ad8d94bae223208d7d4cbf761%7Cf83ebb341b024411aee9a7cfbd852b21%7C0%7C0%7C637211844823288023&sdata=il3T13tlXqnA89uTB7MjUFXvoqAe424qb477cmA7FMo%3D&reserved=0
<image002.jpg>
Timothy Coates | Managing Partner | Appeals, Writs, and Trial Court Consulting
Greines, Martin, Stein & Richland LLP
5900 Wilshire Boulevard, 12th Floor, Los Angeles, CA 90036
(310) 859-7811 | LinkedInhttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.linkedin.com%2Fcompany%2F143239&data=02%7C01%7Cpaigem%40plano.gov%7Cf539198ad8d94bae223208d7d4cbf761%7Cf83ebb341b024411aee9a7cfbd852b21%7C0%7C0%7C637211844823298023&sdata=O50SN8F0Ur1u%2B4CyqyDjGZzRDfJxqHd%2Bsz%2B%2BqmgiMJc%3D&reserved=0 | Twitterhttps://twitter.com/gmsrlegal | vCardhttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gmsr.com%2Fwp-content%2Fuploads%2F2016%2F09%2FTimothy-T-Coates.vcf&data=02%7C01%7Cpaigem%40plano.gov%7Cf539198ad8d94bae223208d7d4cbf761%7Cf83ebb341b024411aee9a7cfbd852b21%7C0%7C0%7C637211844823298023&sdata=7FI%2BeyiNWkYJw1rnXEA7xL7JUPGwbwoF%2BLjyQNZ2xPY%3D&reserved=0
Read the latest appellate tips and strategies from GMSRhttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gmsr.com%2Fappellate-insights%2F&data=02%7C01%7Cpaigem%40plano.gov%7Cf539198ad8d94bae223208d7d4cbf761%7Cf83ebb341b024411aee9a7cfbd852b21%7C0%7C0%7C637211844823308011&sdata=zKIliZFrttYfLDO5O2hdh7W7%2BLHV0IUHTqEAdfYwzUA%3D&reserved=0.
Disasterrelief mailing list
Disasterrelief@lists.imla.org
https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Flists.imla.org%2Fmailman%2Flistinfo%2Fdisasterrelief_lists.imla.org&data=02%7C01%7Cpaigem%40plano.gov%7Cf539198ad8d94bae223208d7d4cbf761%7Cf83ebb341b024411aee9a7cfbd852b21%7C0%7C0%7C637211844823328000&sdata=UdZg0nfnw3d2BycXlgNyE0Pk%2FY2s47UyOETMS3ysJpA%3D&reserved=0
And, it may come equally as no surprise that North Carolina General Statutes contain similar limitations on restrictions of firearms and ammunition under a declared state of emergency (statutory language codified in 2012 following 2nd amendment litigation in our state).
[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttp://www.sog.unc.edu/
E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.
From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Paige Mims
Sent: Monday, March 30, 2020 2:20 PM
To: Timothy T. Coates tcoates@gmsr.com
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Second Amendment Lawsuits
I am sure it will surprise no one that the Texas AG says we can’t restrict the sale of firearms with emergency powers
[Texas Attorney General, Ken Paxton]
FOR IMMEDIATE RELEASE
March 27, 2020
www.texasattorneygeneral.govhttp://www.texasattorneygeneral.gov/
PRESS OFFICE: (512) 463-2050
Kayleigh Date:
Communications@oag.texas.govmailto:Communications@oag.texas.gov
AG Paxton: Local Governments Must Allow the Sale of Firearms
AUSTIN – Texas Attorney General Ken Paxton today issued a legal opinion following a request from Representative Dustin Burrows regarding the sales of firearms in Texas municipalities and counties. The opinion concludes that municipal and county authorities may not use emergency powers to regulate or restrict the sale of firearms.
“State law provides several emergency powers to local governments to control movement within their region during a disaster, which serves our communities well during public health events like the one we’re fighting now. However, local regulation of the sale, possession, and ownership of firearms is specifically prohibited under Texas law,” said Attorney General Paxton. “Under our laws, every Texan retains their right to purchase and possess firearms.”
Under the Texas Local Government code, municipal governments possess the limited authority to regulate the use of firearms during a disaster; however, that authority does not extend to the regulation of transfer, possession, ownership or sale of firearms.
Sent from my iPad
On Mar 30, 2020, at 12:01 PM, Timothy T. Coates <tcoates@gmsr.commailto:tcoates@gmsr.com> wrote:
CAUTION: This email originated from outside of the City of Plano network. Do not click links or open attachments unless you recognize the sender and know the content is safe.
For those jurisdictions that have not designated gun stores as “essential” and hence subject to closure, have you been threatened with suit under the Second Amendment? Several counties in California have not exempted gun stores, and Second Amendment groups are already making noise about challenging closure orders.
https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.gmsr.com%2F&data=02%7C01%7Cpaigem%40plano.gov%7Cf539198ad8d94bae223208d7d4cbf761%7Cf83ebb341b024411aee9a7cfbd852b21%7C0%7C0%7C637211844823288023&sdata=il3T13tlXqnA89uTB7MjUFXvoqAe424qb477cmA7FMo%3D&reserved=0
<image002.jpg>https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.gmsr.com%2F&data=02%7C01%7Cpaigem%40plano.gov%7Cf539198ad8d94bae223208d7d4cbf761%7Cf83ebb341b024411aee9a7cfbd852b21%7C0%7C0%7C637211844823288023&sdata=il3T13tlXqnA89uTB7MjUFXvoqAe424qb477cmA7FMo%3D&reserved=0
Timothy Coates | Managing Partner | Appeals, Writs, and Trial Court Consulting
Greines, Martin, Stein & Richland LLP
5900 Wilshire Boulevard, 12th Floor, Los Angeles, CA 90036
(310) 859-7811 | LinkedInhttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.linkedin.com%2Fcompany%2F143239&data=02%7C01%7Cpaigem%40plano.gov%7Cf539198ad8d94bae223208d7d4cbf761%7Cf83ebb341b024411aee9a7cfbd852b21%7C0%7C0%7C637211844823298023&sdata=O50SN8F0Ur1u%2B4CyqyDjGZzRDfJxqHd%2Bsz%2B%2BqmgiMJc%3D&reserved=0 | Twitterhttps://twitter.com/gmsrlegal | vCardhttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gmsr.com%2Fwp-content%2Fuploads%2F2016%2F09%2FTimothy-T-Coates.vcf&data=02%7C01%7Cpaigem%40plano.gov%7Cf539198ad8d94bae223208d7d4cbf761%7Cf83ebb341b024411aee9a7cfbd852b21%7C0%7C0%7C637211844823298023&sdata=7FI%2BeyiNWkYJw1rnXEA7xL7JUPGwbwoF%2BLjyQNZ2xPY%3D&reserved=0
Read the latest appellate tips and strategies from GMSRhttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gmsr.com%2Fappellate-insights%2F&data=02%7C01%7Cpaigem%40plano.gov%7Cf539198ad8d94bae223208d7d4cbf761%7Cf83ebb341b024411aee9a7cfbd852b21%7C0%7C0%7C637211844823308011&sdata=zKIliZFrttYfLDO5O2hdh7W7%2BLHV0IUHTqEAdfYwzUA%3D&reserved=0.
Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Flists.imla.org%2Fmailman%2Flistinfo%2Fdisasterrelief_lists.imla.org&data=02%7C01%7Cpaigem%40plano.gov%7Cf539198ad8d94bae223208d7d4cbf761%7Cf83ebb341b024411aee9a7cfbd852b21%7C0%7C0%7C637211844823328000&sdata=UdZg0nfnw3d2BycXlgNyE0Pk%2FY2s47UyOETMS3ysJpA%3D&reserved=0
