Judge Rules That Virginia Governor’s Gun Range Shut Down is Against the Law

A Virginia judge has ruled that Democrat governor Ralph Northam’s closure of indoor gun ranges due to the coronavirus violates gun right laws in the state.

Judge F. Patrick Yeatts of the 24th Judicial Circuit of Virginia ruled in favor of Lynchburg Range & Training, which challenged Northam’s shutdown order in the court.

The Washington Free Beacon reports that Judge Yeatts said the governor’s emergency powers are limited under Virginia law and cannot restrict the “otherwise lawful possession, carrying, transportation, sale, or transfer of firearms.”

“The governor appears to argue that, when he declares a state of emergency, he can ignore any law that limits his power, even laws designed to limit his power during a state of emergency,” Yeatts wrote. “The Court cannot agree with such an expansive interpretation of the Governor’s authority.”

The Northam administration attempted to defend the ban by pointing out that outdoor ranges are still open, but Judge Yeatts shot them down saying “the right to keep and bear arms is not relegated to the outskirts of the city and of fundamental rights jurisprudence.”

“The Court understands the Governor’s desire to protect the citizens of our great Commonwealth. But in taking steps to stop the spread of COVID-19, he took a step beyond what is allowed by [Virginia law],” he said.

The judge then granted a temporary injunction barring the state from closing Lynchburg Range & Training, but the injunction does not apply to all ranges in the state. However, it did lay the groundwork for overturning the ban statewide.

“We’re weighing our options because our ultimate goal is that we want all indoor ranges free of this,” Philip Van Cleave, president of the Virginia Citizens Defense League, told the Free Beacon. “What the judge laid out was great reasoning why, really, none of the ranges should be falling under this.”

 

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