Following the election, a gun store owner in Arizona banned supporters of President Obama from entering his store. Cope Reynolds of the Southwest Shooting Authority took out an advertisement in a local paper, reading, “If you voted for Barack Obama your business is not welcome.”

He says that the move hasn’t hurt business and, in fact, sales have been booming. But is it legal? Judge Napolitano weighed in on Fox Business Network’s Varney & Co.

Napolitano said that it depends where you are whether you can ban someone from a public place based on their political beliefs. “For example, in our home state of New Jersey, you cannot because there is a statute that prohibits a store, a public accommodation … from discriminating on the basis of the political views of the people coming onto the premises. Arizona does not have such a statute. In Arizona, you have the freedom to deal with whoever you want.”