Does Aurora Sportsmen’s Club Look Like A Golf Course To You?

Take a look at that picture above. It is an aerial photo of the Aurora Sportsmen’s Club in Waterman, Illinois. It has rifle and pistol bays ranging from 50 feet to 600 yards. It has two Skeet fields, three Trap fields, a 5-stand course, a 12-stand Sporting Clays course, and an archery range. On top of all of that, it has three stocked fishing ponds.

Now tell me who in their right mind would confuse this with a golf course and want to regulate it in the same manner.

Gov. J.B. Pritzker (D-IL) issued Executive Order 2020-10 on March 20th. It explicitly lists firearm and ammo dealers and suppliers as essential businesses. It also said “outdoor activity” was a permitted reason to leave home so long as social distancing was observed. This included both golf course and shooting ranges.

A week later, Gov. Pritzker issued a subsequent order that ordered golf courses closed and shooting ranges such as those of the Aurora Sportsmen’s Club which didn’t have an attached gun store closed as well. They closed upon the advice of legal counsel when golf courses closed.

As a letter this week to Gov. Pritzker from Eric Callis, President of ASC, makes clear, the Illinois Department of Commerce and Economic Opportunity does not consider them an “essential business” and have said they have to remain closed.

Like many businesses, our not-for-profit club is being impacted by the stay at home order and shutdown of non-essential entities. We have followed the guidelines as proposed and with the revisions of March 27, closed the Club except to law enforcement agencies that needed to complete training to maintain certification and proficiency.

During this time we have watched as marijuana dispensaries remain open. We now see that dog groomers are going to be allowed to open. Even golf courses are being allowed to resume limited operations. Yet each time we reach out to DCEO through our elected officials, we continue to be told we can not reopen under any conditions.

So while golf courses, dog groomers, and pot shops (cannabis dispensaries) are allowed to reopen, a huge outdoor facility spread out of hundreds of acres is ordered to remain closed. Of particular relevance to this issue was the 7th Circuit’s ruling in Ezell v. Chicago which noted in reference to shooting ranges, “The right to possess firearms for protection implies a corresponding right to acquire and maintain proficiency in their use; the core right wouldn’t mean much without the training and practice that make it effective.”

In the letter cited above, Callis asks Gov. Pritzker for a written explanation with specifics as to why they aren’t allowed to reopen.

Ranges, training, and practice for proficiency protected under Heller, McDonald, and Ezell are not afforded the same opportunities as golf courses, dog groomers, and marijuana dispensaries?

Non-constitutionally protected activities are given more deference and protection than those enumerated via the Bill of Rights under the Second Amendment and court rulings?

Are hundreds of people allowed at indoor stores, yet we are not allowed to open up a 300-acre outdoor facility?

Can’t we re-open if we follow the same type of guidelines as golf courses?

The club has also appealed to US Attorney General William Barr who has told US Attorneys to be on the lookout for overly strict state and local orders which tread upon constitutional rights.

We, therefore, ask you to determine if those orders barring the use of indoor or outdoor ranges for the “training and practice” of firearms to maintain proficiency as enumerated in Ezell violate fundamental constitutional rights and are an overreach as you described in your memo.

We find it odd that dog grooming businesses in confined spaces are allowed to open, conduct business, and see people while our 300-acre outdoor range is not.  We find it troubling that there appears to be a political double standard for outdoor recreational activities that are not protected by the Constitution with enumerated rights but may be more politically correct.  We also find it inexplicable that drugs still considered to be illegal for sale and possession under Federal law are allowed to be sold, used, and shops that sell marijuana are open for business while actual legal conduct and constitutionally protected activities are being denied.

We appreciate your help in this matter and look forward to hearing from either your office or your representative.

According to the DeKalb County Health Department, they have had 101 confirmed cases of COVID-19. The overwhelming majority of the over 50,000 cases of COVID-19 in Illinois are in Chicago and Cook County. What might be appropriate for the dense urban areas of Chicago and its suburbs is not the same for rural DeKalb County where the club is located. Indeed, the Illinois Department of Public Health maps show zero cases in the club’s location of Waterman, Illinois.

Keeping the Aurora Sportmen’s Club closed is not good public policy nor, in my opinion, constitutional. I hope someone in Springfield wakes up sooner than later.

The Midnight Ride Of Paul Revere

245 years ago tonight Paul Revere, William Dawes, and Dr. Samuel Prescott left on their journey to warn the Minutemen that British regulars were marching to seize the colony’s stores of arms, powder, and shot. The next morning, the American Revolution began.

Ironically enough, Gov. Charlie Baker (R-MA) is acting more like General Gage than the early patriots with his orders that firearm dealers remain closed during the COVID-19 pandemic. For his troubles, Baker is being sued in Federal court by a coalition of groups including Commonwealth Second Amendment, Gun Owners Action League, Second Amendment Foundation, and Firearms Policy Coalition in McCarthy v. Baker seeking to have stores reopened. The Pink Pistols have filed a motion to be allowed to file an amicus brief in the case.

While the real story of that midnight ride is here, most Americans know the more fictionalized account popularized by poet Henry Wadsworth Longfellow. The poem below was meant to unify the North on the eve of the War Between the States and to remind that history favors the courageous.

Just like when Longfellow wrote Paul Revere’s Ride, we are facing a time of danger. The danger is not just from COVID-19. The more critical danger is that civil liberties are being trampled upon by public officials with their proclamations, emergency orders, etc. Whether it is police in Greenville, Mississippi interfering with a drive-in church, police in Raleigh saying people don’t have the right to assemble even if keeping their social distance, or Gov. Baker’s order on gun stores, the First and Second Amendments are being spit upon by small men with big egos and a misguided sense of their own importance.

It is time for that to stop.

Listen, my children, and you shall hear
Of the midnight ride of Paul Revere,
On the eighteenth of April, in Seventy-Five:
Hardly a man is now alive
Who remembers that famous day and year.

He said to his friend, “If the British march
By land or sea from the town to-night,
Hang a lantern aloft in the belfry-arch
Of the North-Church-tower, as a signal-light,—
One if by land, and two if by sea;
And I on the opposite shore will be,
Ready to ride and spread the alarm
Through every Middlesex village and farm,
For the country-folk to be up and to arm.”

Then he said “Good night!” and with muffled oar
Silently rowed to the Charlestown shore,
Just as the moon rose over the bay,
Where swinging wide at her moorings lay
The Somerset, British man-of-war:
A phantom ship, with each mast and spar
Across the moon, like a prison-bar,
And a huge black hulk, that was magnified
By its own reflection in the tide.

Meanwhile, his friend, through alley and street
Wanders and watches with eager ears,
Till in the silence around him he hears
The muster of men at the barrack door,
The sound of arms, and the tramp of feet,
And the measured tread of the grenadiers
Marching down to their boats on the shore.

Then he climbed to the tower of the church,
Up the wooden stairs, with stealthy tread,
To the belfry-chamber overhead,
And startled the pigeons from their perch
On the sombre rafters, that round him made
Masses and moving shapes of shade,—
By the trembling ladder, steep and tall,
To the highest window in the wall,
Where he paused to listen and look down
A moment on the roofs of the town,
And the moonlight flowing over all.

Beneath, in the churchyard, lay the dead,
In their night-encampment on the hill,
Wrapped in silence so deep and still
That he could hear, like a sentinel’s tread,
The watchful night-wind, as it went
Creeping along from tent to tent,
And seeming to whisper, “All is well!”
A moment only he feels the spell
Of the place and the hour, and the secret dread
Of the lonely belfry and the dead;
For suddenly all his thoughts are bent
On a shadowy something far away,
Where the river widens to meet the bay,—
A line of black, that bends and floats
On the rising tide, like a bridge of boats.

Meanwhile, impatient to mount and ride,
Booted and spurred, with a heavy stride,
On the opposite shore walked Paul Revere.
Now he patted his horse’s side,
Now gazed on the landscape far and near,
Then impetuous stamped the earth,
And turned and tightened his saddle-girth;
But mostly he watched with eager search
The belfry-tower of the old North Church,
As it rose above the graves on the hill,
Lonely and spectral and sombre and still.
And lo! as he looks, on the belfry’s height,
A glimmer, and then a gleam of light!
He springs to the saddle, the bridle he turns,
But lingers and gazes, till full on his sight
A second lamp in the belfry burns!

A hurry of hoofs in a village-street,
A shape in the moonlight, a bulk in the dark,
And beneath from the pebbles, in passing, a spark
Struck out by a steed that flies fearless and fleet:
That was all! And yet, through the gloom and the light,
The fate of a nation was riding that night;
And the spark struck out by that steed, in his flight,
Kindled the land into flame with its heat.

He has left the village and mounted the steep,
And beneath him, tranquil and broad and deep,
Is the Mystic, meeting the ocean tides;
And under the alders, that skirt its edge,
Now soft on the sand, now loud on the ledge,
Is heard the tramp of his steed as he rides.

It was twelve by the village clock
When he crossed the bridge into Medford town.
He heard the crowing of the cock,
And the barking of the farmer’s dog,
And felt the damp of the river-fog,
That rises when the sun goes down.

It was one by the village clock,
When he galloped into Lexington.
He saw the gilded weathercock
Swim in the moonlight as he passed,
And the meeting-house windows, blank and bare,
Gaze at him with a spectral glare,
As if they already stood aghast
At the bloody work they would look upon.

It was two by the village clock,
When be came to the bridge in Concord town.
He heard the bleating of the flock,
And the twitter of birds among the trees,
And felt the breath of the morning breeze
Blowing over the meadows brown.
And one was safe and asleep in his bed
Who at the bridge would be first to fall,
Who that day would be lying dead,
Pierced by a British musket-ball.

You know the rest. In the books you have read,
How the British Regulars fired and fled,—
How the farmers gave them ball for ball,
From behind each fence and farmyard-wall,
Chasing the red-coats down the lane,
Then crossing the fields to emerge again
Under the trees at the turn of the road,
And only pausing to fire and load.

So through the night rode Paul Revere;
And so through the night went his cry of alarm
To every Middlesex village and farm,—
A cry of defiance, and not of fear,
A voice in the darkness, a knock at the door,
And a word that shall echo forevermore!
For, borne on the night-wind of the Past,
Through all our history, to the last,
In the hour of darkness and peril and need,
The people will waken and listen to hear
The hurrying hoof-beats of that steed,
And the midnight message of Paul Revere.

Durham Capitulated…But Quietly

Last week I wrote that the City of Durham had received a demand from Grass Roots North Carolina and GOA to designate gun stores as essential or face legal action. Greensboro also got one of these letters and folded it quickly.

They did fold but did it very quietly. What the City of Durham did was release an amendment to their original order saying they were merely going to adopt the amended Stay at Home order issued by the county. This new City of Durham order didn’t go into details as to what was or wasn’t an essential business. Mayor Stephen Schewel signed the order on the afternoon of Friday, April 3rd and it went into effect at 5pm on Saturday, April 4th.

Durham County’s order didn’t mention gun dealers or ranges as essential businesses. They just said that any business that was on the Department of Homeland Security’s CISA list was essential. That list did include firearms related businesses. Perhaps it is ironic that the title of the county order was “Second Amendment to the Declaration of a State of Emergency in Durham County, NC to Coordinate Protective Actions to Prevent the Spread of COVID-19.”

As I understand it, GRNC contacted Durham County and convinced them to them to comply. Somehow officials in Durham County convinced Mayor Schewel to comply but noted he refused to make any public statement about it.

IndyWeek is a free newspaper serving the Triangle. In NC-speak, the Triangle are the cities of Chapel Hill, Durham, Raleigh, and the smaller surrounding communities. IndyWeek is virulently anti-gun.

They have their panties in a wad that Durham folded to those “gun nuts” and their demands after Mayor Schewel said he wasn’t backing down. The article notes the original April 2nd deadline and the fact that GRNC and GOA didn’t sue.

In this case, April 2 came and went, and Schewel made no such statement, but the gun groups didn’t sue. So what happened? 

Very quietly, the city rolled over. 

IndyWeek then goes into the details of the Durham County and City of Durham orders which I posted above.

As to why Durham capitulated, IndyWeek has this response from Mayor Schewel.

“Our lawyers said we couldn’t win,” Schewel told the INDY on Tuesday. “And not only that they were gonna win, but that we were gonna have to pay their legal fees. And so that’s why we made the decision—which is, you know, awful. Gun stores are not essential. In fact, they are damaging. It’s terrible to be forced into this position.”

It is good to see the Constitution and some good legal advice trumped the anti-gun feelings of the good mayor. It should be no surprise that Schewel is a member of Mayor Bloomberg’s Illegal Mayors.

Greensboro Backs Down But Will Durham

Grass Roots North Carolina and Gunowners of America sent a demand letter to the cities of Greensboro and Durham on Tuesday. It demanded they rescind or change the determination the firearms-related businesses were not essential. They had until noon today to make the change or they would face court action.

Yesterday, Mayor Nancy Vaughan of Greensboro informed GRNC and GOA that she wrongly determined gun stores and ranges as “non-essential”. Now it remains to be seen if Mayor Steve Schewel of Durham will do likewise.

Picture courtesy of Carolina Peacemaker

On a related note, I got a response from Buncombe County yesterday for why they didn’t include gun stores and ranges in their list of essential businesses. Buncombe County felt that since state statute preempted them from closing them during periods of emergency that it would have been superfluous to have listed them as essential.

The release from GRNC on Vaughan’s retreat is below:

The mayor of Greensboro, North Carolina, has reversed herself and now agrees that gun stores within city limits can remain open, after being contacted by Grass Roots North Carolina (GRNC) and Gun Owners of America (GOA) and The Mayor had told the media that gun stores were not “essential” businesses, despite the fact that the city’s “stay-at-home” order stated otherwise.

This reversal comes after a Cease and Desist letter from GOA and GRNC urging Mayor Nancy Vaughan to correct her interpretation, or face legal action. Mayor Vaughan informed GOA and GRNC via email that she was incorrect in her interpretation.

While GOA and GRNC are thankful for the clarification, both organizations still look forward to seeing a public announcement by Mayor Vaughan to let the citizens of the Gate City know they can lawfully visit and purchase firearms and ammunition from gun stores during the “stay-at-home” order.

Likewise, Wake County, North Carolina has also reopened its gun stores after a similar letter sent by GRNC and GOA,  which also sent letters Guildford County and the city of Durham urging the localities to ensure gun stores remain open or face legal action.  

Elsewhere, when contacted by legal counsel for GRNC and GOA, the attorney for Orange County disavowed any statements previously made, saying its language would protect firearms businesses, and Buncombe County advises that although they did not specifically list firearm businesses as “essential,” the county will follow state guidelines which protect firearm businesses provided they follow social distancing requirements.

GRNC And GOA Put Durham And Greensboro On Notice

The mayors of Greensboro and Durham have deemed firearms dealers and gun ranges to be “non-essential” businesses. Under their respective proclamations, non-essential businesses must close.

In response, Grass Roots North Carolina and Gunowners of America have sent a joint letter to each mayor. They note the Federal recommendation that firearms related businesses should be critical infrastructure. The letters ask that the mayors reverse the non-essential designation before noon on April 2nd or risk lawsuits. They also point out that Wake County had received a similar letter and made the changes.

From the release which was sent out by email:

Building on our success in convincing Wake County to reopen firearm-related businesses by adding them its list of “essential services” to avoid litigation, as well as today’s court decision ordering Wake County Sheriff Gerald Baker to resume issuing pistol purchase permits, GRNC and GOA today sent letters to the Durham Mayor Steve Schewel and Greensboro Mayor Nancy Vaughn, advising them of their non-compliance with federal recommendations for critical infrastructure by ordering firearm related businesses to close.

GRNC will continue to monitor North Carolina cities and counties for non-compliance with state and federal statutes and for violations of the US and North Carolina constitutions during the coronavirus emergency.

To see the City of Durham letter: 

https://www.grnc.org/documents/goa-grnc-city-of-durham-soe-letter.pdf

To see the City of Greensboro letter: 

https://www.grnc.org/documents/goa-grnc-greensboro-soe-letter.pdf

New Jersey Backs Down

News comes this afternoon that New Jersey Gov. Phil Murphy (D-NJ) has backed down from his order that all gun stores are non-essential and must close. His order led to a lawsuit from the Second Amendment Foundation and the Firearms Policy Coalition entitled Kashinsky v. Murphy.

SAF provides more info in this release:

The Second Amendment Foundation declare victory today when New Jersey Gov. Phil Murphy backed away from his earlier position on gun shop operations in the state during the current COVID-19 panic, and will now allow operations by appointment.

SAF sued Murphy and acting State Police Supt. Col. Patrick Callahan in U.S. District Court last week, seeking a preliminary injunction and temporary restraining order. They were ultimately joined by the New Jersey Second Amendment Society, Legacy Indoor Range and Armory LLC and the Firearms Policy Coalition (FPC), Racing Rails LLC d/b/a Legend Firearms and several private citizens. Plaintiffs were represented by noted civil rights attorney David Jensen of New York and Adam Kraut of California.

“We’re delighted that Gov. Murphy has reversed course on this matter, even if it took a lawsuit to get him to do it,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Our lawsuit cut right to the heart of what the Second Amendment is all about, which is personal protection during emergency situations like the ongoing coronavirus pandemic that has gripped the nation.”

Murphy found himself in the uncomfortable, and untenable, position of having to defend his armed protection detail while having closed down Garden State gun shops, making it impossible for average citizens to by even ammunition, much less a firearm.

“While we pursue litigation elsewhere,” Gottlieb said, “we’re happy that the situation in New Jersey has changed. Regardless what some politicians might think, the Second Amendment is not subject to emergency orders, same as the First, Fourth, Fifth or other constitutional protections.

“This is one more example of SAF’s ongoing mission to win back firearms freedom, one lawsuit at a time,” he concluded.

While I might have liked to say it was ScotShot’s guest editorial that convinced him to change his mind, I think it is more likely the combination of the lawsuit and President Trump declaring the firearms industry including gun stores as essential businesses.