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
ATF Proposes Beneficial Changes to Form 1 for NFA Firearms

News  

Monday, November 3, 2025

ATF Proposes Beneficial Changes to Form 1 for NFA Firearms

After the nasty tricks of the Biden-Harris administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) continues to hand out treats under President Trump.

Everytown Gun “Safety” Course: We Told Ya So

News  

Monday, November 3, 2025

Everytown Gun “Safety” Course: We Told Ya So

A few weeks ago, we mentioned that the anti-gun extremists at Everytown were ready to launch their own gun “safety” course. 

Trump Administration Cuts Off Funding Spigot to More Gun Control Groups

News  

Monday, November 3, 2025

Trump Administration Cuts Off Funding Spigot to More Gun Control Groups

An NRA-ILA alert last month highlighted the ways in which President Donald Trump has used his office to safeguard our rights protected under the Second Amendment.

CBS Report: Chicago’s Responsible Gun Owners Wrongfully Arrested, Charged

News  

Monday, October 27, 2025

CBS Report: Chicago’s Responsible Gun Owners Wrongfully Arrested, Charged

The Windy City has its fair share of problems, but a lack of violent criminals isn’t one of them, as anyone who takes a moment to look through local crime news source CWB Chicago knows for a ...

Trump DOJ Continues to Support the Second Amendment in the Courts

News  

Monday, November 3, 2025

Trump DOJ Continues to Support the Second Amendment in the Courts

Earlier this year, the U.S. Attorney for the District of Columbia, Jeanine Pirro, announced a critical change to policies affecting gun rights in Washington D.C.

Wall Street Journal Laments Self-Defense, Misleads on Facts and Law

News  

Monday, November 3, 2025

Wall Street Journal Laments Self-Defense, Misleads on Facts and Law

Last week, the Wall Street Journal (WSJ) published an article entitled, “Six Words Every Killer Should Know: ‘I Feared for My Life, Officer.” Using a mis-mash of half-baked statistics, legal misinformation, and cherry-picked anecdotes, it ...

Minnesota: St. Paul Introduces Performative "Assault Weapon" Ban

Wednesday, October 29, 2025

Minnesota: St. Paul Introduces Performative "Assault Weapon" Ban

In an act of political theater on Wednesday, October 22nd, the city council of St. Paul introduced a so-called "assault weapon" ban ordinance, which as written would ban the possession of popular firearms and standard ...

Maine: Tomorrow is Election Day - OPPOSE QUESTION 2!

Monday, November 3, 2025

Maine: Tomorrow is Election Day - OPPOSE QUESTION 2!

TOMORROW, NOVEMBER 4th, is ELECTION DAY IN MAINE AND YOUR RIGHTS ARE ON THE BALLOT. Find your polling place here: triggerthevote.org

Pennsylvania: Senate Local Government Committee Begins Exploring Preemption Enhancements

Wednesday, October 29, 2025

Pennsylvania: Senate Local Government Committee Begins Exploring Preemption Enhancements

On Wednesday, the Senate Local Government Committee held a public hearing to gather information on Senate Bill 822, which would strengthen the Commonwealth’s firearms preemption statute. Among other provisions, this legislation would allow membership organizations to recover litigation costs when ...

North Carolina: Update on Permitless Carry

Friday, October 24, 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.

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.