Explore The NRA Universe Of Websites

APPEARS IN News

Supreme Court: NYSRPA Files Response to NYC Mootness Claim

Friday, August 2, 2019

Supreme Court: NYSRPA Files Response to NYC Mootness Claim

On July 22, the City of New York filed a motion to have the pending NRA-supported case against it dismissed by the United States Supreme Court on the basis that the litigation has been forestalled by recent legislative maneuverings at the state and local level. At the same time, the City also asked the Supreme Court to further extend the deadline by which the City had to file its merits brief, from August 5 to September 30. The reason offered for the extension request was that, given the mootness claim, the City was left “without any legal reason to file a brief responding to the substantive claims [the] petitioners have advanced,” but “[g]ranting this extension will allow breathing space for the Court to determine how it wishes this case to proceed, if at all.”   

Unpersuaded by this odd reasoning, on July 24 the Supreme Court denied the request for additional time without ruling on the mootness question.

Counsel for the petitioners, the New York State Rifle & Pistol Association (NYSRPA) and individual gun owners, have since filed a lengthy response addressing the City’s mootness argument in detail. The legislative changes that the City points to as decisive with respect to the proceedings are neither final nor conclusive, and the City’s “undisguised effort to avoid a precedent-setting loss and to frustrate [the] Court’s discretionary review falls short by every measure.”

Despite the hyped changes to the City’s premises handgun license rules, it is clear that the City continues to exert “plenary authority” over every kind of transport, and the “default rule that a law-abiding citizen may not remove” a licensed handgun from inside his or her premises, except in certain narrow circumstances, is unimpaired. Likewise, the companion amendment to state law, N.Y. Penal Law §400.00(6), represents only a limited modification of the state restrictions; the overall scheme – including an extraordinary prohibition on the transport of licensed handguns through New York City by non-residents without special authorization from the police commissioner – remains intact.

Also weighing against a finding of mootness is the fact that these last-minute legislative changes don’t (and can’t) insulate gun owners from further, future amendments, including legislation to restore the challenged restrictions should the case be dismissed. The City’s voluntary revocation of the exact rules at issue (and not an iota more) is “the product not of a change of heart, but of a naked desire to prevent [the Supreme] Court from hearing this case on the merits.” Absent judicial intervention, there is nothing to shield the petitioners from the same or similar restrictions being imposed at a later time.

Indeed, an amicus brief, filed in this case solely to address the mootness question, urges the Court to adopt a demanding standard for assessing mootness based on a government’s voluntary cessation of challenged conduct, pointing out that “governmental defendants frequently use strategic policy changes” in an effort to “preserve favorable outcomes or to avoid rulings against them.” In this case, the “City didn’t change its policy because it had a Second Amendment epiphany or felt a renewed commitment to protecting its citizens’ constitutional rights. Instead, it admits that it changed its policy due to ‘this Court’s grant of certiorari’—i.e., because it thought it would lose.”

The desire to foreclose any judicial evaluation of the legislative and policy underpinnings of the handgun licensing regime may explain why the City has been so explicit about advising the Court that, should the litigation proceed, the City now has no intention of addressing the substantive merits and the legal question on which the Court granted certiorari.

Unfortunately, what the City’s mootness argument fails to comprehend is that this new government “micromanaging” of the transport of lawfully possessed firearms is just as offensive to the constitutional rights of the petitioners as were the preexisting restrictions. The Second Amendment safeguards an individual right to keep and bear arms, and “not a mere privilege that municipal officials may deny as they see fit,” regardless of how the legislative sidestepping is framed. The “(in)adequacy of such miserly accommodations presents no less a live controversy” for the Supreme Court to address.

 

 

IN THIS ARTICLE
New York Supreme Court
TRENDING NOW
Major Digital Currency’s Terms of Use Prohibit Firearm and Ammunition Sales

News  

Monday, October 20, 2025

Major Digital Currency’s Terms of Use Prohibit Firearm and Ammunition Sales

So much of the energy surrounding the digital currency space has been aimed at bringing forth a new liberty. 

Urban Crime Spike “the Most Overlooked U.S. Crime Story in Recent Years”

News  

Monday, October 20, 2025

Urban Crime Spike “the Most Overlooked U.S. Crime Story in Recent Years”

It was a standard talking point of the Biden White House that violent crime had dropped by record levels under the Biden-Harris administration, attributed in part to its support of gun control measures.

David Hogg: “The Grift that Keeps on Grifting”

News  

Monday, October 20, 2025

David Hogg: “The Grift that Keeps on Grifting”

At this point, anybody who reads NRA-ILA’s Grassroots Alerts even sporadically is well aware of the shameless, anti-gun self-promoter David Hogg. 

NRA Files Lawsuit Challenging California’s Glock Ban

Monday, October 13, 2025

NRA Files Lawsuit Challenging California’s Glock Ban

Today, the National Rifle Association—along with Firearms Policy Coalition, Second Amendment Foundation, Poway Weapons & Gear, and two NRA members—filed a lawsuit challenging California’s Glock ban.

Colorado Joins States in Promoting Use of Red Flag Laws

News  

Monday, October 20, 2025

Colorado Joins States in Promoting Use of Red Flag Laws

First there were the red flag laws themselves, dangerous laws allowing for the seizure of firearms while bypassing a citizen’s right to due process. 

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

News  

Monday, October 6, 2025

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

California officials’ egregious foot-dragging over the issuance of carry permits has finally attracted the ire of the federal Department of Justice (DOJ). 

North Carolina: Update on Permitless Carry

Tuesday, September 30, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

News  

Monday, October 13, 2025

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

Three years ago, Dr. John Lott of the Crime Prevention Research Center (CPRC), writing for RealClearInvestigations, described how the Federal Bureau of Investigation (FBI) was vastly undercounting, “by an order of more than three the number of instances in ...

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Massachusetts: Hunting Ammunition Restrictions on Agenda for Committee Hearing Tomorrow

Monday, October 20, 2025

Massachusetts: Hunting Ammunition Restrictions on Agenda for Committee Hearing Tomorrow

On Tuesday, October 21st, the Joint Committee on Environment and Natural Resources will hold a hearing on dozens of hunting-related bills, including two bills aiming to restrict ammunition. 

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.