Kelly Ann McDougall v. County of Ventura

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KELLY ANN CHAKOV MCDOUGALL, No. 20-56220 an individual and Trustee; JULIANA GARCIA, an individual; SECOND D.C. No. AMENDMENT FOUNDATION; 2:20-cv-02927-

CALIFORNIA GUN RIGHTS CBM-AS

FOUNDATION; FIREARMS POLICY

COALITION, INC.,

Plaintiffs-Appellants, OPINION

v.

COUNTY OF VENTURA; BILL AYUB;

WILLIAM T. FOLEY; ROBERT LEVIN;

VENTURA COUNTY PUBLIC HEALTH

CARE AGENCY,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Consuelo B. Marshall, District Judge, Presiding

Argued and Submitted October 18, 2021 Pasadena, California

Filed January 20, 2022

Before: Andrew J. Kleinfeld, Ryan D. Nelson, and Lawrence VanDyke, Circuit Judges. Opinion by Judge VanDyke; Concurrence by Judge Kleinfeld; Concurrence by Judge VanDyke

SUMMARY *

Second Amendment

The panel reversed the district court’s order dismissing, for failure to state a claim, an action alleging that Ventura County’s COVID-19 public health orders mandating a 48- day closure of gun shops, ammunition shops,…