Are gun retailers essential? Some question whether shops can be shut down during shelter in place - The Dallas Morning News

AUSTIN — Guns are a necessity for some, but are they essential business?

One state lawmaker is asking Attorney General Ken Paxton to determine just that: whether firearm retailers are “essential businesses” that should stay open during shelter-in-place orders meant to stop the spread of the novel coronavirus.

“It does not appear that cities or counties have the authority to restrict the transfer of firearms, even during a natural disaster,” Republican Rep. Dustin Burrows of Lubbock wrote in a letter to Paxton’s office Tuesday. “None of the city or county orders which have been issued thus far have designated firearms manufacturers, firearms retailers or shooting ranges as ‘essential businesses.’”

The question comes as the coronavirus pandemic has prompted people in North Texas to buy guns or stock up on ammunition. Since COVID-19 began spreading in the United States, sales of ammunition in Texas surged by over 800%, according to a report by online retailer Ammo.com.

Dallas County’s shelter-in-place order, issued Sunday, makes no specific mention of gun and ammunition retailers. But county officials were working Tuesday to clarify that such businesses are essential and can remain open, according to a spokeswoman from county Judge Clay Jenkins’ office.

On Tuesday, the owner of McClelland Gun Shop near White Rock Lake in Dallas said his store was closed to the public to comply with the county’s order.

“We’re continuing to work and take care of our inside business. We are not open to the public,” said owner Ron Rutledge. “We are trying to do our part to keep everybody isolated.”

Other gun retailers are keeping their doors open.

Michael Cargill, who owns Central Texas Gunworks in Austin, said his store is staying open because the Second Amendment is an “essential thing to our survival.”

The city of Austin issued a shelter-in-place order Tuesday that does not directly address firearms retailers, though a spokeswoman said Wednesday that officials were working to determine whether those stores qualify.

“By the interpretation of my lawyer, we are able to stay open,” Cargill said.

Other states vary in their approaches. Gun stores are considered essential in Connecticut, Ohio and Illinois, but not in New York or New Jersey, according to The Washington Post.

Gyl Switzer, executive director of Texas Gun Sense, argued that the shops should not be considered essential.

“The way I understand essential businesses is to keep people in a place where they can stay at home. Pharmacies, groceries makes sense to me,” she said. Switzer also worried that the closure of gun stores could lead to more private sales, which are not usually subject to background checks.

“Texas needs universal background checks so every sale is getting a background check,” she said.

Mike Cox, legislative director of the Texas State Rifle Association, disagreed.

“The lines of customers outside of firearm retailers across Texas in recent days is testament to the fact that they believe the ability to exercise their constitutional rights protected by the Second Amendment is essential, as they may find themselves facing situations where they need to be their own first responders,” he said.

Paxton’s office said it will issue an opinion “as promptly as possible.”

Burrows said he asked for the opinion after reading several cities’ shelter-in-place orders, none of which mentioned gun retailers.

“Maybe it was an oversight,” he said, adding that the store owners he’s spoken to said there’s confusion about whether they can remain open.

“The ones that have stayed open, no one has shut them down,” Burrows said.

Staff writer Nic Garcia contributed to this report.

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