The New York State Rifle & Pistol Association, Inc. v. The City Of New York

Facts

New York State law prohibits possession of 'firearms' absent a license. Licenses can be held by individuals at least twenty-one years of age, of good moral character, and 'concerning whom no good cause exists for the denial of the license,' among other requirements. 'The application process for a license is rigorous and administered locally. Every application triggers a local investigation by police into the applicant's mental health history, criminal history, [and] moral character.' The licensing officers 'are vested with considerable discretion in deciding whether to grant a license application, particularly in determining whether proper cause exists for the issuance of a carry license.' There are two primary types of handgun licenses: 'carry' licenses and 'premises' licenses. A carry license allows an individual to 'have and carry [a] concealed' handgun 'without regard to employment or place of possession . . . when proper cause exists' for the license to be issued. 'Proper cause' has been defined by New York State courts to include carrying a handgun for target practice, hunting, or self-defense. When an applicant demonstrates proper cause to carry a handgun for target practice or hunting, the licensing officer may restrict a carry license 'to the purposes that justified the issuance.' A carry license is valid throughout the state except that it is not valid within New York City 'unless a special permit granting validity is issued by the police commissioner' of New York City. A premises license is specific to the premises for which it is issued. The type of license at issue, in this case, allows a licensee to 'have and possess in his dwelling' a pistol or revolver. A 'premises license - residence' issued to a New York City resident is specific to a particular address, and 'the handguns listed on the license may not be removed from the address specified on the license except' in limited circumstances, including the following: (3) To maintain proficiency in the use of the handgun, the licensee may transport her/his handgun(s) directly to and from an authorized small arms range/shooting club, unloaded, and in a locked container, the ammunition to be carried separately. (4) A licensee may transport her/his handgun(s) directly to and from an authorized area designated by the New York State Fish and Wildlife Law and in compliance with all pertinent hunting regulations, unloaded, in a locked container, the ammunition to be carried separately, after the licensee has requested and received a 'Police Department - City of New York Hunting Authorization' Amendment attached to her/his license. An 'authorized small arms range/shooting club' is one that, among other requirements, is located in New York City. There a seven such facilities in New York City. Ps hold premises licenses that allow them to possess handguns in their residences in New York City. Ps seek to transport their handguns to shooting ranges and competitions outside New York City. It takes the License Division approximately six months to process applications, §5-07(a), and during this time, the applicant cannot lawfully possess a handgun in the home, §5-09. When the license issues and the applicant wishes to obtain it, he or she must appear in person at police headquarters for at least the third time. §5-07(b). At present, we are told, approximately 40,000 City residents (representing about 1.29% of the households in the City). The NYPD may revoke a premises license at any time, §5-07(d), including for such things as laminating the license, §5-22(a)(4). And a license expires after three years, so a licensee who wants to continue to possess a gun in the home after that time must file a renewal application. §5-28(a). Ps along with the New York State Rifle & Pistol Association, filed suit seeking a declaration that the restrictions imposed were unconstitutional and an injunction against its enforcement. Ps moved for summary judgment and a preliminary injunction, and D cross-moved for summary judgment. The district court granted D's motion for summary judgment and dismissed the complaint. It held that the Rule 'merely regulates rather than restricts the right to possess a firearm in the home and is a minimal, or at most, modest burden on the right.' It held that the Rule did not violate Second Amendment rights, the dormant Commerce Clause, the First Amendment right of expressive association, or the fundamental right to travel. Ps appealed. The Court of Appeals affirmed. The Supreme Court granted certiorari. After the Court granted certiorari, D amended its firearm licensing statute, and the City amended the rule so that Ps may now transport firearms to a second home or shooting range outside of the city, which is the precise relief that Ps requested in the prayer for relief in their complaint.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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