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
U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

News  

Wednesday, September 23, 2026

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

The Trace, the “newsroom” funded by anti-gun extremist Michael Bloomberg, reported in June on the extent to which the NRA-backed NYSRPA v. Bruen case has, to date, rebuilt the modern Second Amendment landscape.

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

News  

Wednesday, September 23, 2026

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

Do you know the way to San Jose? Dionne Warwick famously asked in her 1968 hit song. Well, Assistant U.S. Attorney General Harmeet Dhillon certainly does, and she recently made sure the city was served ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Everytown Goes Hunting for Credibility

News  

Wednesday, September 23, 2026

Everytown Goes Hunting for Credibility

The irony is nothing short of comedy. Multiple outlets are having a field day with the Michael Bloomberg-backed Everytown organization, which has spent years and millions of dollars supporting extreme restrictions on lawful gun ownership, ...

Redditors Embarrass Virginia Assembly’s Chief Gun Banner

News  

Tuesday, September 8, 2026

Redditors Embarrass Virginia Assembly’s Chief Gun Banner

In late August, Virginia State Delegate Dan Helmer (D-10), who represents a portion of the Northern Virginia D.C. suburb of Fairfax County, took to Reddit for an “ask me anything” (AMA) question and answer session.

The Fight to Protect the Firearms Industry Continues

News  

Wednesday, September 23, 2026

The Fight to Protect the Firearms Industry Continues

The political lawfare campaign to dismantle the lawful firearms industry by holding it liable for the criminal misuse of its constitutionally protected products should have never started. U.S. tort law has long held that a ...

Promise to Practice: Federal Firearm Rights Restoration is Now a Reality

News  

Tuesday, September 8, 2026

Promise to Practice: Federal Firearm Rights Restoration is Now a Reality

The federal government’s promise to provide a pathway to restore firearm rights is no longer merely a commitment on paper. 

What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

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.