A gun rights group from western New York State has teamed up with a firearms retailer from Genesee County, NY in filing a lawsuit against NY Governor Andrew Cuomo.

The plaintiffs are seeking a jury trial regarding several issues. Mainly, those centered around The Firing Pin's Gun Shop correspondence with county and state officials regarding the store's constitution rights to do business during the PAUSE order shutdown. The lawsuit is an action to vindicate the right of the plaintiffs to exercise various rights, including natural rights, protected by the U.S. Constitution.

The lawsuit states that Governor Cuomo's emergency directives have been unlawful, given that the New York State Constitution gives all legislative power to the legislature only. The PAUSE order shut down affects firearms retailers, pistol ranges and inhibited pistol permitting offices in many NY counties.

The Firing Pin Gun Shop owner, Brandon Lewis, decided to pursue litigation after being closed down for nearly 50 days, laying off five full-time and five part-time employees. Lewis said it was frustrating because there was little clarity from the state government on whether his business was essential or not.

Lewis went on to say, “The state had put out a list of essential businesses and the one that stuck out to us was the security provision. To us, that meant individual security. We sell firearms and survival supplies. We felt we were essential.”

Lewis was contacted by a Genesee County health official and then by a PAUSE investigator who told him that gun stores were non-essential. Knowing that his dealer's license is issued by the discretion of New York State and his resale certificate is also, so not wanting his store to be shut down, under duress and fearing his license would be pulled, he shut things down.

As New York “opened up” during Phase 1, Lewis and his staff went back to work doing basically what they were doing prior to being shut down, including curbside service. Although economics are part of the lawsuit, it's also more about people's rights.

Lewis continued to say, “In New York, you have to have a gun store to have your Second Amendment rights. If the gun stores are shut down, you are not going to be able to get a gun. On the surface, we are suing for economic reasons. But in broad strokes we are trying to restore rights for everyone in New York. Even if you are not a gun person, these are your rights.”

Wishing everyone an enjoyable and safe 4th of July!

Jack Danchak is the President of the Federation of Sportsmen's Clubs of Sullivan County.