Respondents assert that, according to the Second Amendment’s text, history, and tradition, the City’s former rule did not infringe upon Petitioners’ Second Amendment rights. In addition to impacting City residents who possess handguns under a premises license, the Court’s decision will have implications for public safety concerns of vulnerable populations and populations living within major urban areas and is likely to inform national debate on gun control.Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.New York State prohibits the unlicensed possession of handguns. Petitioners argue that the former rule “actually deter[red]” travel because citizens would otherwise use out-of-City gun ranges or participate in out-of-City shooting competitions but for the rule restricting the transportation of handguns. Background. Petitioners argue that, although Respondents amended the laws at issue to allow licensees to travel with their guns to out-of-state gun ranges, shooting tournaments, and second homes, this case is not Respondents stress that the amendments to the laws at issue in this case grant Petitioners the relief they seek, thus rendering this case moot.
Petitioners, joined by the New York State Rifle and Pistol Association, argue that the City’s transportation restrictions violate the Second Amendment, the Commerce Clause, and the fundamental right to travel. It was the first major gun-related case that the Supreme Court had accepted for review in nearly ten years, after District of Columbia v. Heller (2008) and McDonald v. City o…
"Change in city and state law and subsequent mootness briefingChange in city and state law and subsequent mootness briefing § 5-23 (the “Rule”). Earlier this year, New York City enforced strict regulations on gun owners’ rights to travel with their guns.
The State of New York law prohibits the possession of firearms without a license.
to motion not accepted for filing. On April 27, 2020, the Supreme Court ruled New York State Rifle and Pistol Association v. New York City moot. With limited exceptions, gun owners could only travel to authorized gun ranges in the city. Even if the Court holds that the former rule infringed upon the Second Amendment, Respondents argue that the former rule satisfies means-end scrutiny. New York State prohibits the unlicensed possession of handguns.
Romolo Colantone, Efrain Alvarez, and Tony Irizarry (collectively, “Petitioners”) were issued premises licenses and wanted to use their handguns at shooting ranges and competitions located outside of the City, and Colantone wanted to transport his handgun to and from his second home in upstate New York. In a dissent, Justice Alito, joined by Justices Gorsuch and Thomas, expressed their belief that the New York case was not moot, that the New York law had violated the petitioners' Second Amendment rights, and that The plaintiffs petitioned for writ of certiorari to the Supreme Court, challenged the Until the Supreme Court accepted the New York case in 2019, the Court had denied petitions for certiorari on other gun ownership cases. Letter dated July 3, 2019 of City of New York, et al. Does New York City’s ban on transporting a licensed handgun to a location outside of the City violate the Second Amendment, the Commerce Clause, or the right to travel?This case asks the U.S. Supreme Court to decide whether New York City’s (the “City”) restrictions on the transportation of handguns is unconstitutional pursuant to the Second Amendment, the Commerce Clause, or the fundamental right to travel.
In New York City (the “City”), licensing officers may issue a handgun license to a City resident pursuant to 38 R.C.N.Y.
On July 16, 2019, New York Governor Andrew Cuomo signed a bill amending New York Penal Law regarding the ability of premises licensees to transport their handguns. "The city violated petitioners' Second Amendment right, and we should so hold," Alito, joined by Gorsuch and Thomas, wrote. Respondents counter that the former rule did not violate the Commerce Clause because Congress partially delegated the authority to regulate firearm possession and transportation to states and localities.
New York State Rifle & Pistol Association, Inc. v. City of New York at 52.
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