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Judge Rules North Carolina Gun Owners Can Sue for Damages After Covid Pistol Purchase Permit Shutdown


Wake County Sheriff Gerald Baker
Wake County Sheriff Gerald Baker (Courtesy North Carolina Sheriffs’ Association)

From the Second Amendment Foundation . . .

A U.S. District Court Judge in North Carolina has dominated that plaintiffs in a case difficult final yr’s “temporary suspension” of accepting and processing pistol buy permits allegedly as a result of COVID-19 outbreak and state of emergency declared by Gov. Roy Cooper, could pursue harm claims and related claims for declaratory reduction and legal professional’s charges.

The case is named Stafford v. Baker.

On March 24, 2020, Wake County Sheriff Gerald Baker “announced a temporary suspension in the acceptance and processing of [pistol purchase permit] applications, through April 30, 2020, citing as the basis for this action, according to the complaint, “a significant increase in PPP applicants and concomitant concerns over social distancing violation by long lines of applicants,” based on the ruling by Judge Louise W. Flanagan.

Plaintiff Kelly Stafford known as the Wake County Sheriff’s Office to ask about continuing along with her utility for the pistol buy allow. Because the applying course of had been suspended till after April 30, “she was statutorily barred from purchasing any handgun for defense of herself and her family in her home.”

The Second Amendment Foundation, Grass Roots North Carolina and Firearms Policy Coalition filed swimsuit with Stafford.

“While we understand concerns about the coronavirus that erupted at the time,” famous SAF founder and Executive Vice President Alan M. Gottlieb, “one simply cannot suspend the ability of private citizens to exercise their constitutional rights.”

Judge Flanagan’s ruling acknowledges that Stafford “has already obtained all the relief she sought in her claim for injunctive relief, and she will not have a need to obtain again a PPP permit.”

“We’re glad Kelly was able to finally get her PPP,” Gottlieb famous, “but that wasn’t the point. The constitution doesn’t take a day off, even in a declared state of emergency. And neither do we.”

 

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt schooling, analysis, publishing and authorized motion group specializing in the Constitutional proper and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to greater than 700,000 members and supporters and conducts many packages designed to higher inform the general public in regards to the penalties of gun management.



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