Murphy Reversal: Deems Gun Shops 'Essential' During COVID-19
Under the change, gun retailers will open and do business by appointment only, but ranges will remain closed.
March 30, 2020 at 11:24 PM
6 minute read
Photo: sundrawalex / iStockphoto.com
Newly designated as "essential" during the coronavirus pandemic by Gov. Phil Murphy, firearms retailers will open and do business by appointment only and under limited hours as of early Tuesday in New Jersey.
But ranges throughout the state will remain closed.
On Monday, during a press conference with State Police Superintendent Colonel Patrick Callahan, Murphy added gun shops to the list of retailers that can continue to operate during the coronavirus pandemic, joining grocery stores, banks, pharmacies and gas stations, among other establishments, subject to his social distancing guidelines.
Murphy's executive order Monday amends his original mandate on essential vs. nonessential retail stores:
"In accordance with the guidance released by the federal Department of Homeland Security, effective Tuesday, March 31, at 8 a.m., firearms retailers are permitted to operate—by appointment only and during limited hours—to conduct business which, under law, must be done in person. The NICS background check system will be up and running to process firearms purchases."
On March 16, Murphy, a Democrat, had determined which essential venues could stay open during New Jersey's public health emergency that he declared on March 9 —and firearms shops failed to make the cut under Executive Order No. 107.
They, along with retail stores, malls and other venues, were ordered to close while the executive order remains in effect.
"While these clarifications address the need for certain businesses to operate, the safety of our residents will always remain our top priority," Callahan of the New Jersey State Police, said.
Over the past two weeks Second Amendment advocates and some Republican lawmakers in Trenton pushed for firearms stores to open during the state's public health state of emergency. The National Rifle Association and gun groups have traditionally been a key Republican constituency.
Among those Republican lawmakers was Sen. Michael Testa, R-Cape May, who described Monday's move by Murphy as "righting a wrong."
"I am pleased that Murphy is finally recognizing and honoring our constitutional right to bear arms, especially amid this state of emergency," Testa said in a statement.
"The Second Amendment is essential to all law-abiding citizens, particularly for increased safety, security, and self-protection. New Jerseyans' rights to purchase a firearm should have never been infringed upon in the first place."
"We are proud that New Jersey will ensure citizens are lawfully able to practice their Second Amendment right," Testa said.
Scott Bach, executive director of the Association of New Jersey Rifle & Pistol Clubs, said the governor's changeabout was welcome news.
ANJRPC filed a lawsuit March 25 in U.S. district court in Newark and made a motion for a preliminary injunction and a temporary restraining order to nullify Murphy's March 16 executive order on grounds it was unconstitutional. The lawsuit remains pending.
Bach sent off a mass email Monday alerting his members of the change by Murphy. The association is the oldest and largest Second Amendment group in the state, representing approximately 1 million gun owners.
The ANJRPC's email alert read: "Under pressure from ANJRPC's lawsuit and a recent Trump Administration guidance that gun stores should stay open as 'critical infrastructure' during the coronavirus pandemic, today NJ Governor Murphy begrudgingly announced in a press conference that he is reversing his prior position shutting them down, subject to social distancing requirements. The governor's office has confirmed that NICS will also reopen."
"However, the governor's office has confirmed to ANJRPC sources that ranges are to remain closed, despite Trump administration guidance to the contrary," said the alert.
"Despite the continued range closures … we are grateful to the Trump administration for issuing the guidelines that helped force Gov. Murphy to reverse himself."
Bach said the ANJRPC intends to continue to pursue further aggressive legal action against the state and Murphy as appropriate.
"It took a recommendation from the federal government and pressure of a massive lawsuit to retreat from his original position of nullifying the Second Amendment," Bach said in a phone call. "We are pleased our lawsuit has pressured the governor into relenting, but the governor's action does not go far enough. He should have opened ranges as well."
Prior to the pandemic outbreak in New Jersey, handguns and the permits to own them were already a testy issue between the ANJRPC and Murphy.
During the governor's budget address in late February, he proposed raising the cost of handgun permits for individuals, manufacturers and corporations.
Murphy said new revenue from the increase – the first in the state since 1966 – would go toward background checks of individuals buying guns.
On Monday, Murphy announced other businesses that are deemed essential and to reopen as of 8 a.m. Tuesday. They are:
- Individual appointments to view real estate with realtors by individuals or families shall be considered essential retail business. Open houses are still considered impermissible gatherings.
- Car dealers may continue to conduct online sales or remote sales that are consistent with current law. In the event of such a sale, the car may be delivered to the purchaser or the purchaser can pick up the car curbside or in the dealership service lane.
Meanwhile, golf courses are considered recreational and entertainment businesses that must close to the public and to members associated with private golf clubs, according to the governor.
"While we've made adjustments to businesses that are permitted to operate, my stay-at-home order remains firmly in effect," Murphy said. "Unless you absolutely need to get out, or unless your job is critical to our response, I have ordered all New Jerseyans to just stay home."
As of Tuesday, the death toll in New Jersey from the COVID-19 pandemic reached 267, and there were 18,696 cases throughout the state.
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