New York State Rifle & Pistol Assoc. v. City of New York, No. 15-638 (2d Cir. 2018)Annotate this Case
The provision of a New York City licensing scheme (Rule 5-23), under which an individual with a "premises license" for a handgun may remove the handgun from the designated premises only for specified purposes, did not violate the Second Amendment, the Commerce Clause, the fundamental right to travel, or the First Amendment. The Second Circuit applied intermediate scrutiny and held that the burdens imposed by the Rule did not substantially affect the exercise of core Second Amendment rights, and the Rule contributed to an important state interest in public safety substantial enough to easily justify the insignificant and indirect costs it imposed on Second Amendment interests. The court also held that the Rule did not violate the dormant Commerce Clause by hindering interstate commerce; the right to travel interstate where nothing in the Rule prevented plaintiffs from engaging in intrastate or interstate travel; or the First Amendment where plaintiffs failed to demonstrate how the ability to join a specific gun club, or the ability to transport their licensed firearms to a shooting club outside of New York City, qualified as expressive association. Therefore, the court affirmed the district court's denial of plaintiffs' motion for summary judgment and for a preliminary injunction.