In some parts of the U.S., authorities say gun shops aren’t essential businesses and should close during stay-at-home orders meant to slow the coronavirus. In other places, officials are stopping background checks for concealed carry permits. Elsewhere, city leaders have invoked emergency powers allowing bans on gun sales.
As the nation grapples with a pandemic that has upended daily life, some gun rights advocates are concerned about an erosion of Second Amendment rights just as Americans are buying firearms in record numbers to try to ensure their safety.
“When there’s a national emergency, people are looking for food, water, shelter — that part is important to the survival of our nation,” said Michael Cargill, owner of Central Texas Gun Works in Austin. “They are also looking for the Second Amendment to protect their families.”
Texas Attorney General Ken Paxton agrees, issuing a legal opinion Friday saying that emergency orders in his state can’t restrict gun sales. Any order that excludes gun stores from “essential” businesses that can stay open are in conflict with state law banning limits on gun sales, Paxton said.
“Under our laws, every Texan retains their right to purchase and possess firearms,” he said.
In recent weeks, firearm sales have skyrocketed. Background checks — the key barometer of gun sales — already were at record numbers in January and February, likely fueled by a presidential election year. Since the coronavirus outbreak, gun shops have reported long lines and runs on firearms and ammunition.
Background checks were up 300 percent on March 16, compared with the same date a year ago, according to federal data shared with the National Shooting Sports Foundation, which represents gunmakers. Since Feb. 23, each day has seen roughly double the volume over 2019, according to Mark Oliva, spokesman for the group.
“When people aren’t able to provide for their own security or their own safety, they’re going to take measures to make sure that they can. That’s why we have that Second Amendment,” Oliva said. “This is a public safety issue.”
The federal background check system has been overwhelmed by the massive increase in firearm sales. What might normally take a few minutes is taking much longer, and a backlog on background checks has ballooned to about 80,000, Oliva said.
If a background check takes longer than three business days, gun dealers are permitted to allow the sale to go through unless a state has stricter waiting periods.
