Wolf allows gun stores to reopen on limited basis during coronavirus shutdown

Pennsylvania firearms dealers may now operate on a limited basis, according to a revised list of businesses that can or cannot continue physical operations under Gov. Tom Wolf’s order mandating closures to slow the spread of covid-19.

Under the order, sporting goods stores remain among businesses considered “non-life-sustaining” and are required to be closed. An exception has been added for firearms dealers — but only “on a limited basis to complete only the portion of a sale/transfer that must be conducted in-person under the law.”

There are two restrictions:

• All sales/transfers will be conducted by individual appointment during limited hours to minimize social interactions and congregating of persons.

• The dealer will comply with social distancing, sanitation of applicable areas between appointments and other measures to protect its employees and the public.

Before Wolf ordered non-life-sustaining businesses to close, store owners reported a surge in gun and ammunition sales, while issuance of permits more than doubled in Western Pennsylvania.

Enforcement of the order, which Wolf announced March 19, started Monday.

On Sunday, the Pennsylvania Supreme Court dismissed a lawsuit filed by a gun shop that challenged Wolf’s authority to close businesses determined to be “non-life-sustaining.” The lawsuit claimed Wolf’s edict violated the Second Amendment right to bear arms and other constitutional rights.

“After analyzing the Pennsylvania Supreme Court’s order which upheld the governor’s and secretary’s order closing businesses, including gun shops, the administration determined that it would be appropriate to clarify its guidance,” said Casey Smith, spokesman for the state Department of Community and Economic Development.

In praising the decision, the Firearms Policy Coalition noted a strongly worded opinion by Supreme Court Justices David Wecht, Christine Donohue and Kevin Dougherty in favor of protecting the right to keep and bear arms.

“The right and ability to protect yourself and your family, particularly in times of crisis, is the very definition of ‘life-sustaining’ and unquestionably protected by both the Second Amendment and the state’s constitution,” said Adam Kraut, the coalition’s director of legal strategy.

“As we have said before, there is no ‘except-in-emergencies’ clause in the Constitution and the government cannot shut down the people’s right to keep and bear arms,” coalition President Brandon Combs said.

Bill Fazi, owner of Fazi Firearms in Plum, had little to say except, “Hail the Second Amendment.”

Mark Boerio, owner of the Army Navy & Indoor Pistol Range in Latrobe, said he didn’t have to shut down his business but was happy that other firearms sales facilities will be able to remain open.

“After Gov. Wolf’s order, I checked with the state and they agreed that this business, which sells types of survival gear, MREs, clothing, boots in addition to firearms and ammunition, fell under general merchandise category that is considered an essential business.” Boerio closed the indoor pistol range for concerns over ventilation.

Josh Rowe, co-owner of Allegheny Arms and Gun Works in Bethel Park, closed Sunday and reset the telephone answering machine, not knowing how long they would be closed under Wolf’s order.

When he returned to check the machine Tuesday after learning that firearms sales would be allowed, “we had 167 missed calls.”

“The demand is incredible,” Rowe said. “Right now, I have five people on hold. We’re working within all of the new requirements.”

Boerio said business has been slow since the statewide declaration became effective, but he is hopeful the recent decision will give more job security to his five employees.

“I’m glad to see it declared an essential business,” Boerio said. “It’s not that people are scared, but if something comes up where someone has to protect themselves or secure their property, we are very essential.”

Staff writer Paul Peirce contributed to this report.