We’ve written a couple times about FFL’s being forced to close or threatened with closure during the Coronavirus epidemic, along with plans to limit the ability to purchase or transport arms if desired by local authorities.
The fact that American gun owners are being overtly and sometimes explicitly targeted in various emergency orders should give anyone who values freedom and liberty pause. Already extraordinary measures that likely go beyond the legal authority the people issuing them have been put in place that greatly curtail the movement and association of people.
However, constitutional and ethical issues aside, there is one glaring legal matter when it comes to trying to prevent the bearing of arms during a declared emergency. Namely, the Federal Stafford Act…
While it’s likely that under emergency powers state and local officials can close a business, it’s much much harder for them to actively prohibit the possession or bearing or transport of legal guns.
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What is the Stafford Act?
The Stafford Act is a comprehensive set of legislation that covers various Federal emergency powers and operations.
We are most interested in the prohibition that prevents basically anyone who gets Federal dollars from certain actions in a declared emergency including the registration of guns that do not have to be registered, or bans on transport or possession. Because pretty much every local and state police government winds up getting Federal dollars, this is darn near a flat out prohibition on such activities, although it clearly didn’t stop zealous cops after hurricane Katrina.
But now as we look at various two bit mayors and self aggrandizing politicians of all stripes racing with each other to make the most long winded emergency declarations, we see more and more of them are trying to claim the ability to ban the sale, possession or transport of guns.
Which if they have even one red Federal cent in their tyrannical pockets, they almost assuredly cannot enforce. The question then comes if they will try to enforce such things?
What if There Is an Emergency Ban on Guns?
That is a very good question. We’ve seen the nightmare where police ran roughshod through New Orleans seizing guns and shooting people for no good reason and that it came with very little real consequences and a great many guns forever lost or damaged.
Is it possible this will play out again and again over the country in the next few weeks, with police in anti-gun cities and states going door to door to take guns, or stopping people to make sure they aren’t carrying a concealed pistol?
That is entirely possible, after all it has happened again. It is hard to judge if it is probable or not. FFL’s should be especially concerned with the chance of having some sort of armed goon squad showing up at their door to force some sort of compliance with gun seizure rules. If they are a small, home based FFL, that thought is even more frightening.
The best thing to do right now is take concrete steps against any such rulings. Temporary restraining orders can be sought, and public pressure can be heavily applied against anyone who thinks with a stroke of a pen that they can take away your gun rights.
If you live in an area that includes the potential of gun related bans in their emergency declarations, consider having your attorney file suit against the person or agency that issued the order and seek a temporary action against enforcing that sort of action.
We cannot advise you on legal matters or on if you choose to comply with an emergency order or not. Right now no guns have been seized under emergency orders, nor have anyone been prohibited from lawfully carrying guns. It is likely that local authorities understand how quickly such an action could get out of hand, especially after the huge gatherings in Richmond earlier this year.
Now is the time to apply pressure on local authorities and seek to have anti-gun language removed or a clear statement from local law enforcement that they will not take guns or limit the lawful carry. And remember, under the Stafford Act, they probably are opening themselves up for enormous financial and legal liability if they try such a stunt.
COVID-19 Financial Roundup
While FFL’s are seeing store emptying business almost everywhere in the country, not everyone is so lucky. Some FFL’s are unable to stay open due to local orders, others are ignoring orders and staying open, but other small businesses aren’t so lucky.
We spoke with noted gun collector, military sci-fi author and knife dealer Michael Z. Williamson about how closures of gun shows and other COVID-19 closures have impacted his business. Michael does a lot of business at gun shows, as well as direct to consumer sales including FFL’s. In a nutshell, he’s not happy.
“Luckily, my knife business is only part time. Still, I’ve lost at least $15,000 in sales with the cancellations so far, and that will double if this goes into May. Then, there’s the fact that my customers won’t have any money because they’re all taking a hit, too. Some of my overseas suppliers are losing import contracts because there’s no business. And this is for an upper respiratory infection that is less dangerous than the flu.”
This story is playing out all over America with gun and gun related businesses. And because there are wild panic buys right now, just because you are open doesn’t mean you can keep your store stocked. Coronavirus related closures are seriously cutting into other revenue streams for FFL’s including training classes, accessories, gunsmithing, refinishing and other non retail sources of income.
Some FFL’s are going to come out of this in pretty good shape. Others may lose everything. We don’t want this to be the case, but it is impossible for everyone to come through extended business closures smelling like roses. You might be ok, but your customers might now.
Experts are expecting the second half of the year to show recovery, but we have to get that far first folks. Watch out for each other and remember your friends and neighbors and their businesses in these times.
