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
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, ...

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 ...

DOJ’s Post Office Directive Marks Another Second Amendment Milestone

News  

Monday, August 17, 2026

DOJ’s Post Office Directive Marks Another Second Amendment Milestone

For decades, federal law and United States Postal Service regulations turned one of the most ordinary stops in American life, your local post office, into a federal “gun free zone.”  That changed on August 12 with ...

ATF Director Corrects Gun Control Advocates on Regulatory Reform

News  

Monday, August 17, 2026

ATF Director Corrects Gun Control Advocates on Regulatory Reform

In a stark departure from the last administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives is taking gun control advocates to task for their sensationalist rhetoric and questionable legal claims. 

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 ...

NRA Joins Legal Fight Against Colorado’s Permit-to-Purchase Law for Semiautomatic Firearms

Wednesday, August 12, 2026

NRA Joins Legal Fight Against Colorado’s Permit-to-Purchase Law for Semiautomatic Firearms

The National Rifle Association has joined the legal fight against SB25-003, Colorado’s permit-to-purchase scheme for certain semiautomatic firearms.

Meet the New Far Left; Same as the Establishment Left on Guns

News  

Monday, August 17, 2026

Meet the New Far Left; Same as the Establishment Left on Guns

Primary election season is winding down, and the final slates of candidates in most states have emerged ahead of the 2026 fall elections. Second Amendment issues may or may not have been front in center ...

NRA Files Lawsuit Challenging New York’s Glock Ban

Friday, August 14, 2026

NRA Files Lawsuit Challenging New York’s Glock Ban

The National Rifle Association, Second Amendment Foundation, Firearms Policy Coalition, the Firing Pin, LLC, and NRA members Lucas Nelson and Daniel Geary filed a lawsuit today challenging New York’s ban on Glock and “Glock-style” handguns.

In Memoriam: Second Amendment Champion Allan Cors, 1936-2026

News  

Monday, August 17, 2026

In Memoriam: Second Amendment Champion Allan Cors, 1936-2026

The Second Amendment lost one of its most ardent, longest-serving defenders on August 9 when past NRA President Allan D. Cors died.  He was a lifelong shooter, a dedicated collector, an avid hunter, and, perhaps above ...

California: Anti-Second Amendment Bills Advance from Appropriations Committees

Friday, August 14, 2026

California: Anti-Second Amendment Bills Advance from Appropriations Committees

Yesterday, August 13th, both the Assembly and Senate Appropriations Committees advanced several anti-Second Amendment measures.

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.