Kwong, et al. v. Bloomberg, et al., No. 12-1578 (2d Cir. 2013)
Annotate this CasePlaintiffs appealed the district court's grant of summary judgment dismissing their complaint challenging the constitutionality of New York State Penal Law 400.00(14). Penal Law 400.00(14) permits New York City to set and collect a residential handgun licensing fee that exceeds the maximum fee allowable under state law in other parts of New York State. The court affirmed the judgment, holding that Admin. Code 10-131(a)(2), which sets the residential handgun licensing fee in New York City at $340 for a three-year license, was a constitutionally permissible licensing fee; the court need not definitively answer the question of whether Admin. Code 10-131(a)(2) should be subject to any form of heightened scrutiny because the court concluded that it survived "intermediate scrutiny" in any event; Penal Law 400.00(14) was subject only to "rational basis" review under the Equal Protection Clause because it "neither burdens a fundamental right nor targets a suspect class;" and Penal Law 400.00(14) survived "rational basis" review.
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