Explore The NRA Universe Of Websites

NYC’s “Desperate Attempt” to Delay Proceedings in Gun Rights Case Rejected by Supreme Court

Friday, May 3, 2019

NYC’s “Desperate Attempt” to Delay Proceedings in Gun Rights Case Rejected by Supreme Court

Earlier this week, the United States Supreme Court refused to grant a request by the City of New York to delay the proceedings in the NRA-supported appeal of New York State Rifle & Pistol Ass’n, Inc. v. City of New York (No. 15-683).

The case arises out of a challenge to New York City’s notoriously restrictive handgun licensing scheme.

Generally, New York state law prohibits even the possession of a handgun in the home without a license. A licensee in New York City must comply with additional and specific restrictions. A license is “not transferable to any other person or location,” and anyone with a “premises license” is prohibited from removing the handgun “from the address specified on the license.” However, because the rules also require licensees to “endeavor to engage in periodic handgun practice,” an exception at 38 R.C.N.Y. § 5-23(a)(3) allows a licensee to transport a handgun “to and from an authorized small arms range/shooting club.” This narrow exception applies only to seven ranges located in New York City. It restricts the travel to a direct route to and from the range, and requires the handgun to be transported unloaded, in a locked container, and separate from any ammunition. Licensees who wish to take their guns to other ranges or participate in events or competitions outside New York City, or who want to transport their guns to another location (other than the NYC address listed on the license), are prohibited from doing so.         

In January, the Supreme Court agreed to hear the appeal in this case. The petitioners, individual licensees and the New York State Rifle and Pistol Association (NYSRPA), argue that, apart from the “precisely zero empirical evidence” provided by the City to justify its licensing rules as a public safety measure, these “extreme, unjustified and irrational” transport and travel restrictions on lawfully owned handguns violate the Second Amendment, the Commerce Clause, and the fundamental right to travel.

Understandably, the case has attracted a great deal of attention, representing an opportunity for the Supreme Court to again address the scope of Second Amendment rights and to resolve the question of the correct analytical framework in the wake of the Heller case more than a decade ago.

However, on April 12, counsel for the City of New York and the New York City Police Department (NYPD) filed a motion with the Supreme Court seeking to suspend the proceedings, based on a new proposal to change the NYC handgun rules. The motion indicates that the NYPD has published a “Notice of Public Hearing and Opportunity to Comment on Proposed Rule,” which should set in motion a process that (after a public comment period and a public hearing) might result in a future change in the licensing rules. 

This notice is clear that the proposed rulemaking is motivated by the NYSRPA litigation, with the hope – as expressed in the April 12 motion – that should the proposal be adopted, it could render the Supreme Court appeal moot and lead to its dismissal.  

However, even assuming this proposed rule would pass into law as drafted, it represents only a limited modification to existing 38 R.C.N.Y. § 5-23(a). The proposal would not rescind the restraints already in place (and at issue in the appeal), but would allow a premises licensee to transport a handgun listed on their license to: (1) another premises of the licensee “where the licensee is authorized to have and possess a handgun;” (2) a small-arms range/shooting club authorized by law to operate as such, whether located within or outside New York City; and (3) a shooting competition at which the licensee may possess the handgun “consistent with the law applicable at the place of the competition.” All of these retain the requirement that the handgun be transported unloaded, in a locked container, with ammunition being “carried separately,” and that the licensee travel “directly” to and from these additional locations. Indeed, the proposed rule adds a new requirement to these provisions, that any transport within New York City must be “continuous and uninterrupted.”

Counsel for the petitioners responded to the City’s “extraordinary request” by indicating there is no good reason to grant an “indefinite hold.” The City’s motion is, at best, premature given the uncertain status of the proposed amendment, and the amendment itself is at odds with the City’s forceful defense of the existing rules as both necessary and constitutional. Even if passed, the rule changes would be insufficient to moot the case, as the City’s legal authority to impose such transport requirements, or “forbid or permit action beyond city and state borders,” are among the questions before the Court. The rulemaking proposal is nothing more than “a nakedly transparent effort to evade [the Supreme] Court’s review.”

As NRA-ILA’s Executive Director Chris W. Cox put it, “The City of New York did not respect its citizens’ Second Amendment rights before the Supreme Court granted review in this case and it will not respect them going forward. We are confident that the Court will reject New York’s desperate attempt to avoid review of its blatantly unconstitutional laws.”

Consistent with his prediction, on April 29, the Court declined to grant the motion. A date for oral arguments has not been set, but the petitioners are due to file their opening brief with the Court this month.

Your NRA will continue to keep you informed on the progress of this important litigation.

 

TRENDING NOW
Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

Wednesday, December 18, 2024

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

With only a few days left in the session, anti-gun legislators are doing everything they can to pass additional legislation restricting the Second Amendment rights of Michigan citizens. The legislation below could be taken up ...

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

News  

Monday, December 16, 2024

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

News  

Friday, December 13, 2024

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

Maine: Prepare for Progressives to Attack Your Hunting Rights

Wednesday, December 18, 2024

Maine: Prepare for Progressives to Attack Your Hunting Rights

While 2024 may be winding down now, the 2025 legislative session is about to heat up, and radical anti-gun progressive politicians are already planning new ways to strip you of your fundamental rights.  

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

News  

Monday, December 16, 2024

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

Predictably, gun control activists are citing the cold-blooded Manhattan murder of health insurance executive Brian Thompson to call for more gun control, particularly in the hot-button areas of “ghost guns” and “3D printed firearms.” 

NYC Subway More Dangerous Than the Gridiron?

News  

Monday, December 16, 2024

NYC Subway More Dangerous Than the Gridiron?

Violent crime in New York City has been a growing concern over the last few years.  

Michigan: Take Action Against Anti-Gun Legislation TODAY!

Friday, December 13, 2024

Michigan: Take Action Against Anti-Gun Legislation TODAY!

With lame duck session in full swing, Michigan Democrats are doing everything they can to pass additional anti-gun legislation. Last night, the Senate passed, among other things, legislation that would restrict home-built firearms and ban ...

Canada Announces New Gun Bans, More Gun Control on the Horizon

News  

Monday, December 9, 2024

Canada Announces New Gun Bans, More Gun Control on the Horizon

On December 5, at a late afternoon press conference in Ottawa, Canada’s federal Public Safety Minister Dominic LeBlanc announced that 324 additional makes and variants of rifles would be added to the 2020 list of ...

Hunter Biden Pardon Makes a Fitting Mockery of Federal Gun Control

News  

Monday, December 9, 2024

Hunter Biden Pardon Makes a Fitting Mockery of Federal Gun Control

NRA-ILA routinely points out that it is more informative to watch anti-gun politicians and officials’ behavior than to listen to the platitudes they spew about enacting gun control to protect the public. 

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.