BEACH AND CHOI OBTAIN DISMISSAL OF SECOND AMENDMENT ACTION CHALLENGING COVID-19 PUBLIC HEALTH ORDERS

On October 20, 2020, the Central District of California granted the motion for judgment on the pleadings filed on behalf of the County of Los Angeles, Sheriff Alex Villanueva and Public Health Director Dr. Barbara Ferrer in a federal Second Amendment action challenging the County’s public health orders implemented to combat the COVID-19 pandemic. LBAC successfully argued that the County Defendants were entitled to judgment in their favor because the Plaintiffs – firearms retailers, Second Amendment advocacy groups including the NRA, and individual gun owners – lacked legal standing to bring their claims for injunctive and declaratory relief and nominal damages, and their Second Amendment claim failed as a matter of law. The Court agreed that the County’s health orders instituted public safety restrictions which reasonably fit with the compelling governmental interests at hand and dismissed the action in its entirety with prejudice.