Brandy, et al. v. LA Sheriff Alex Villanueva GVR 6-29-22

[Maverick237]

FPC (along with SAF, CGF, and NRA) are launching a federal suit against the LA Sheriff (and company) for the Sheriff's decision to shut down gun stores in LA County (again).

Hopefully the courts can do something quick here.

Court document: https://d3n8a8pro7vhmx.cloudfront.ne...pdf?1585333514

FPC post: https://www.firearmspolicy.org/fpc-s...olicycoalition

Updates:

30/MAR/2020
- He has reversed his decision to close the gun stores because of the DHS advisory
- A request for a Temporary Restraining Order against the Sheriff has been filed - https://www.courtlistener.com/recap/...77785.14.1.pdf

[Offwidth]

Mountain View PD and Santa Clara county did the same.

[BumBum]

Why is Gun World the only gun shop plaintiff? They are located in Burbank and are not within the scope of the LA County Sheriff's order. He specifically said that he will leave the decision up to local cities with their own police department, and as far as I know, Burbank has allowed their gun stores to stay open (unless this is no longer the case?). This may create an issue with standing.

[redhead]

Contra Costa County has also ordered gun stores closed.

[jdberger]

Burbank isn’t in LA County?

[Maverick237]

They do not have their own health department like Pasadena or Long Beach so they have to follow LA County's. As a result the LASD Sheriff took this action.

[BumBum]

They do not have their own health department like Pasadena or Long Beach so they have to follow LA County's. As a result the LASD Sheriff took this action.

This has nothing to do with health departments. Please read what Sheriff's Villanueva's order says:

"... they support my decision to direct that action in the 42 contract cities and unincorporated Los Angeles County areas under the Sheriff's jurisdiction. I have deferred to the discretion of each individual chief of police as to their own jurisdictions."

Burbank is not one of the contract cities. Contract cities are those that contract to receive their law enforcement services from the Sheriff's Department. Burbank has its own police force and its own chief of police. Burbank, therefore, is not covered by this order.

[Maverick237]

This has nothing to do with health departments. Please read what Sheriff's Villanueva's order says:

"... they support my decision to direct that action in the 42 contract cities and unincorporated Los Angeles County areas under the Sheriff's jurisdiction. I have deferred to the discretion of each individual chief of police as to their own jurisdictions."

Burbank is not one of the contract cities. Contract cities are those that contract to receive their law enforcement services from the Sheriff's Department. Burbank has its own police force and its own chief of police. Burbank, therefore, is not covered by this order.

Correct but Burbank does not have a health department of their own. That is why it's not just the Sheriff being sued but also the County Health Department. The case is about how the Sheriff is determining what is not essential as per the health department's order.

So even though Burbank gun stores can stay open they're still affected. Pasadena and Long Beach have their own health departments so it's a different story for them.

[GKS1776]

LA Sheriff did force stores like Guns Direct in Burbank to shut down for a day or two. Then Guns Direct got a call from Burbank PD and Burbank PD said gun stores are "essential businesses" and Guns Direct could reopen. Fox 11 interviewed the owner of Guns Direct and GD posted updates on their website and social media accounts.

[Uncivil Engineer]

Let's now see them try to moot the case because they took back the order. They shouldn't be enough unless gun stores are some how state or nation wide canonicalized as essential, this case needs to be heard. This won't be our last ,"Shelter in place" order and we can't have every county making up their own rules each time.

[pacrat]

Correct but Burbank does not have a health department of their own. That is why it's not just the Sheriff being sued but also the County Health Department. The case is about how the Sheriff is determining what is not essential as per the health department's order.

So even though Burbank gun stores can stay open they're still affected. Pasadena and Long Beach have their own health departments so it's a different story for them.

^^^YES^^^

Villian Nueva is claiming authority for these closures.

UNDER COUNTY HEALTH CODE EMERGENCY PROCLAMATION. So his, [according to him], "POWER" over incorporated cities is valid, if they don't have their own Health Dept.

EDIT ADDED

That is the reasoning for NRA, SAF, and FPC including the County Health Dept in their law suit against Villian Nueva.

[BumBum]

Don't get me wrong, this is a critically important issue and I hope the lawsuit is successful in enjoining the sheriff's order and accomplishing the goal of recognizing gun stores as essential. What I'm saying is, maybe it would be a better idea to have the lone retail plaintiff be a store that has actually been closed by the order? It would be a lot easier to demonstrate an injury-in-fact and defend against a potential argument by the opposition that there is lack of standing.

[GKS1776]

Don't get me wrong, this is a critically important issue and I hope the lawsuit is successful in enjoining the sheriff's order and accomplishing the goal of recognizing gun stores as essential. What I'm saying is, maybe it would be a better idea to have the lone retail plaintiff be a store that has actually been closed by the order? It would be a lot easier to demonstrate an injury-in-fact and defend against a potential argument by the opposition that there is lack of standing.

There is a chance that they did shut down for a day. As I said Guns Direct, which is a few blocks from Gun World was forced to shut down, then the Burbank PD said that gun stores are essential business and they could reopen. What happened at Guns Direct may have happened at Gun World however I could not find an answer on GW's website or social media that verifies this.

[Medic451]

Trump declares 2A businesses essential.

https://www.breitbart.com/politics/2020/03/28/ttrump-admin-names-gun-makers-retailers-essential-businesses-nationwide/?fbclid=IwAR1Buw0zeHebbVmxj7hLnQ3CRrw4f531xo09f_3X6CX2NTCPPTyxyjwk2-4

[pacrat]

Thanks for the update Medic.