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
Nancy Pelosi: Pro-Gun Voters Made an Impact

News  

Monday, November 18, 2024

Nancy Pelosi: Pro-Gun Voters Made an Impact

Congratulations NRA members and other pro-gun voters! Once again, our votes helped make the difference.

Bloomberg’s Mayors, Back in the News!

News  

Monday, November 18, 2024

Bloomberg’s Mayors, Back in the News!

Just a few short weeks ago, we wrote about Michael Bloomberg’s controversy-dogged gun control organization, Mayors Against Illegal Guns (MAIG), and how another high-ranking member of the group had been indicted for allegedly committing serious ...

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Saturday, November 9, 2024

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Today, the U.S. District Court for the Southern District of Illinois struck down provisions of the Protect Illinois Communities Act (PICA) that prohibit “assault weapons” and “large-capacity magazines” in an NRA-supported case, Barnett v. Raoul.

Make Crime Illegal Again

News  

Monday, November 18, 2024

Make Crime Illegal Again

While less prominent than the red sweep of the nation’s electoral map and the triumph of President Donald Trump, another telling development following the 2024 elections was the number of Californians in ultra-progressive strongholds who ...

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Friday, November 15, 2024

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Today, NRA filed an amicus brief in the Supreme Court of the State of Washington in a challenge to Washington’s prohibition on magazines that hold over 10 rounds.

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Friday, November 15, 2024

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Yesterday, the Senate Committee on Civil Rights, Judiciary, and Public Safety SB 857 and SB 858 with amendments and the bills will now be eligible for votes on the Senate floor. Please use the take action button below and ...

PREFILING OF LEGISLATION BEGINS IN TEXAS FOR THE 2025 SESSION

Friday, November 15, 2024

PREFILING OF LEGISLATION BEGINS IN TEXAS FOR THE 2025 SESSION

Prefiling of legislation for the 2025 Regular Session of the Texas Legislature began on Tuesday.  Within the first three days, more than 75 firearm-related bills had been filed, the majority of which were anti-gun measures ...

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tuesday, November 12, 2024

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tomorrow, the Michigan House of Representatives is expected to vote on two packages of anti-gun bills. Use the take action button below to contact your Representative and urge them to oppose these anti-gun bills!  

Grassroots Spotlight: North Carolina Grassroots

Take Action  

Monday, November 18, 2024

Grassroots Spotlight: North Carolina Grassroots

The North Carolina NRA-ILA Grassroots Team recently held an NRA “Day of Action” event to coincide with the start of early voting in the Tarheel State, and to encourage our Second Amendment community to “Get Out and Vote”!

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tuesday, November 12, 2024

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tomorrow, the Senate Committee on Civil Rights, Judiciary, and Public Safety will take up SB 857 and SB 858. These bills would dramatically expand “gun-free zones” in the state and drastically limit where those with a concealed pistol ...

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.