Allegheny County sheriff says firearms division closed because of covid

The day after a federal lawsuit was filed against Allegheny County Sheriff Bill Mullen for shutting down the firearms division, he said in a Facebook post that it was necessary because an employee there tested positive for covid-19, and the rest of the staff had to quarantine.

On Monday, three county residents and the Firearms Policy Coalition filed a complaint in federal court alleging that their Second and 14th Amendment rights were being violated because they could no longer apply for a license to carry a firearm because of that shutdown.

In Pennsylvania, a license to carry is required for anyone who wants to possess a gun in public or in their vehicle.

The lawsuit alleged that by closing the office, the sheriff was failing to fulfill his duty.

“State and local governments, whether legislatively or by executive decree, cannot simply suspend the Constitution,” the lawsuit said. “And they certainly may not use a public health crisis as political cover to impose bans and restrictions on rights they do not like.”

On Friday, the lawsuit said, the sheriff’s office announced the closure of the firearms division on Facebook.

“The Firearms Division will be closed until further notice. We will be sanitizing the office and waiting room as a precautionary measure due to covid exposure. All appointments will be redeemable at a future date & time,” the post said.

But on Tuesday, in a separate post, the office explained in more detail what had happened.

”Very recently, an employee of the Sheriff’s Office’s Firearms Division tested positive for covid-19. To provide for the safety of our workforce and the citizens who visit our office, we immediately quarantined seven, affected Firearms Division staff members,” the post said. “We also had the office thoroughly cleaned and sanitized in accordance with health and safety guidelines.”

The post went on to say that the office was not closed because of the spike in covid-19 cases but instead because of the potential exposure of employees who work in a small office.

Several days earlier, as covid cases continued to spike, the office temporarily suspended walk-in appointments. The office also noted that it was fully booked for future appointments until April 1.

The lawsuit, though, argued that the pandemic should not infringe on a citizen’s right to bear arms.

“Uncertain times such as the present are precisely when plaintiffs and plaintiffs’ members must be able to exercise their fundamental rights to keep and bear arms. The challenges we all face because of the covid-19 Coronavirus, the election, social unrest, or other social ills do not, cannot, and must not justify or excuse government infringements upon fundamental human rights,” the lawsuit said.

All three of the plaintiffs, Emily Cowey, 31, Chelsea Schmidt, 30, and Alan Booth, 24, claim in the lawsuit that they were seeking a license to carry because they are concerned about street crime and social unrest.

Cowey, the complaint said, has been trying to get a license since March.

The lawsuit, which alleges the firearms division does not have the necessary staffing and resources to fulfill requirements, is critical of the county for failing to use web-based or online services for this process.

At least nine counties in Pennsylvania offer online applications for a license to carry, it said, and seven others are in the process of implementing similar systems.

The defendants in the suit include Mullen, the county and Pennsylvania State Police Commissioner Col. Robert Evanchick.