CLEVELAND, Ohio – While many Ohio businesses have been shuttered to slow the spread of COVID-19 coronavirus, Ohio’s gun and ammunition dealers have remained open in a nod to constitutionally protected rights, a spokesman for the governor said Wednesday.

The businesses are specifically exempted from order signed Sunday by Ohio Health Director Amy Acton that instructs most people to not venture from their homes except for essential needs and that only businesses that offer essential services remain open.

The gun shops are included in an exception for supplies considered essential to businesses and operations, described as “firearm and ammunition suppliers and retailers for purposes of safety and security.”

Governor’s spokesman Dan Tierney acknowledge that the provision was included in deference to constitution rights protected under the U.S. and Ohio constitutions.

Other exceptions are included, too, for constitutionally protected religious activities and work by the media.

Tierney said it’s important, though, for Ohioans to look at the order in its entirety. While some businesses are listed as essential and may remain open, they must follow guidelines in the order meant to keep workplaces safe for employees. And patrons should consider what activities are essential enough to warrant them leaving their homes.

“Whether a business is essential is just one aspect of the order,” Tierney said. “The purpose of the order is to make sure Ohioans are focused on precautions to help contain the spread of the virus.”

Can the government force places such as gun shops or churches to shutter? That’s unclear, said Jonathan Entin, a constitutional law expert and professor at Case Western Reserve University.

Ohio may have chosen not to test the limits of its authority as the best course for tackling the bigger issue – containment of coronavirus, Entin said.

“I wouldn’t necessarily interpret the government’s position as saying, ‘We believe we lack the authority here to do this.’” Entin said.

Rather, DeWine administration might not want to take on a fight over rights when it’s dealing with a health emergency, Entin said. Battling over the limits of state authority could have an impact on how well people follow other parts of the order.

“You know there are going to be plenty of people, rightly or wrongly, who are going to say, ‘I need to be able to protect myself.’ … I think they drafted this order in a way to maintain the credibility of what they are doing,” Entin said.

”They don’t want to start a controversy on whether they’ve overstepped their authority,” Entin said. “This order doesn’t work unless people voluntarily comply.”

In other states, efforts to shutter gun shops have been meet with opposition.

In California, the Los Angeles County sheriff ordered his deputies Tuesday to make sure gun shops are closed during the coronavirus crisis, saying the shops are not essential businesses. The move was contradicted hours later when the county’s legal counsel said gun shop could remain open.

In Pennsylvania, gun shop owners lost a court fight to remain open, but Gov. Tom Wolf backed off his order after several dissenting justices on the state’s supreme court urged him to do so.

Rob Sexton, legislative affairs director for the Buckeye Firearms Association, applauded the state’s decision on gun shops, not just on constitutional grounds but also because many Ohioans will view it as an essential step for self-protection.

“Just like everything else, it’s a time to be careful. But it’s not a time to interfere with people’s ability to protect themselves,” Sexton said.

Ultimately, Ohioans should look to the spirit of the state’s stay-at-home order, Tierney said. While some businesses remain open, Ohioans need to be smart about venturing out and maintain social distancing.

“The governor has said just because you can legally be allowed to do it, doesn’t mean it’s wise to do it.,” Tierney said.

“They’re to stay home unless they go out for one of those essential services,” Tierney said. “We all need to go to a grocery store, but figure out a time when you’re going to run into the least amount of people.”

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