rhino wrote on Apr 15^th, 2020 at 3:00pm:

New York, NY – Brewer, Attorneys & Counselors announced today that its client, the National Rifle Association of America (“NRA”), filed suit against New York Governor Andrew Cuomo, the New York State Department of Economic Development, and New York State Department of Economic Development Acting Commissioner, President, and CEO Eric Gertler in response to the state’s attack on the rights of New York citizens and residents to exercise their Second Amendment freedoms.​

The lawsuit focuses on Executive Order 202.8, issued by Gov. Cuomo on March 20, 2020, in response to the COVID-19 health crisis. According to the lawsuit, that order “effectively and indefinitely suspended a key component of the Second Amendment to the United States Constitution – shutting down all gun stores in the State of New York, including federally licensed gun stores, by deeming them ‘non-essential’ businesses.” Under the order, “essential” businesses are permitted to remain open. According to the NRA, the order had the intended effect of eliminating the only way of legally purchasing firearms in the state.

​“There isn’t a single person who has ever used a gun for self-defense who would consider it nonessential,” said Wayne LaPierre, NRA CEO & Executive Vice President. “This is clearly another assault by Gov. Cuomo on the NRA, on the rights of New Yorkers to defend themselves and their families, and on our Second Amendment freedoms. The NRA will continue to fight all such attacks until Gov. Cuomo recognizes that constitutional rights are for every New Yorker and every American – and not just for politicians and their privileged friends.”

​Filed on April 2, 2020, in the United States District Court for the Northern District of New York, the lawsuit states, “Reasonable steps to prevent the spread of the COVID-19 Coronavirus do not include the suspension of the Second Amendment. Plaintiff asks the Court to declare that the Second Amendment right to bear arms requires that citizens and residents of New York be afforded reasonable access to purchase firearms and ammunition, and to prohibit Defendants from needlessly forcing gun stores to remain closed.”

“The right to keep and bear arms is enshrined in the Constitution, in part, to give Americans the ability to defend themselves and their families,” said William A. Brewer III, counsel for the NRA and partner at Brewer, Attorneys & Counselors. “The current public health emergency does not justify the complete elimination of this right, especially during a time when many New Yorkers have valid concerns about their physical safety and welfare. Our client believes that Gov. Cuomo is again weaponizing the power of his office – to prevent gun owners from exercising the Rights to which they are entitled.”

As stated in the lawsuit, on March 28, 2020, the United States Department of Homeland Security issued a list of critical infrastructure “intended to help State, local, tribal and territorial officials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security.”  This list of critical infrastructure includes: “Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.”

⮞ In the wake of this guidance, a litany of states and municipalities clarified that gun stores are “essential.” For example, on March 30, 2020, New Jersey Gov. Phil Murphy announced that gun stores will be classified as “essential businesses” and allowed to reopen.

⮞ Gov. Murphy stated, “In accordance with the guidance released over the weekend by the federal Department of Homeland Security, we will allow firearms sellers to operate.”
​

Unfortunately, New York refused to clarify or reexamine its position as it relates to gun stores. However, liquor stores remain “essential businesses” under the governor’s order last month.

Federal gun regulators on Friday issued guidance on licensed gun stores operating a drive-up or walk-up window and temporary tables in their parking lots.

The April 10 industry letter issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives to Federal Firearms Licensees comes nearly a month after the declaration of a national emergency in response to the COVID-19 outbreak. FFLs and gun industry trade groups urged the ATF to clarify the legality of offering drive-through and curbside services, in which several shops sought to comply with federal and local guidelines on social distancing.

In short, the ATF specified that a licensed importer, manufacturer, or dealer “carry out the requested activities on any part of the business premises, including the exterior of the brick-and-mortar structure,” provided the other federal, state and local laws are complied with.

Specifically,

   
    1. An FFL may carry out the requested activities through a drive-up or walk-up window or doorway where the customer is on the licensee’s property on the exterior of the brick-and-mortar structure at the address listed on the license.

    2. An FFL may also carry out the requested activities from a temporary table or booth located in a parking lot or other exterior location on the licensee’s property at the address listed on the license, but any such activities must occur in a location where the licensee has the authority to permit ATF’s entry for inspection purposes. Whether the FFL has the authority to permit such entry, and whether a location constitutes the FFL’s property, is likely to be a fact-specific inquiry. An FFL carrying out the requested activities from an exterior table or booth should maintain its inventory and records securely in the interior of the brick-and-mortar structure and ensure that the records of each firearms transaction are stored in the interior.

    3. An FFL may not carry out the requested activities from a nearby space that is not located on the licensee’s property at the address listed on the license, unless such activities are at a qualified in-state gun show or event, pursuant to 18 U.S.C. § 923(j) and 27 C.F.R. § 478.100, or other provision of federal law.

    4. An FFL may conduct non-over-the-counter firearm sales to unlicensed in-state residents who are exempt from NICS requirements in accordance with 18 U.S.C. § 922(c), 27 § C.F.R. 478.96, and ATF Procedure 2013-2



“We have been working closely with the ATF to gain clarity on this front for firearm retailers,” said the National Shooting Sports Foundation in a statement issued Friday. “Today we thank the ATF for issuing guidance for FFLs regarding sidewalk/curbside transactions.”

On March 28, the administration of President Trump listed, “Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges,” as a group that, along with healthcare, security, food industry, and energy workers, is “crucial to community resilience and continuity of essential functions.”

“I think I’ve been sued by the NRA, must be a dozen times,” Cuomo said at a press conference Saturday.

“I didn’t even know I was sued this time.

"You become sort of lawsuit-immune.

"I wish you could become immune to this virus the way I’ve become immune to NRA lawsuits.”

  Gotta love him.