The first significant Second Amendment case in almost a decade is pending at the U.S. Supreme Court. In New York State Rifle & Pistol Association v. City of New York, the plaintiffs are challenging an NYC ordinance forbidding the transport of a home firearm, except to seven NYC-approved firing ranges. The plaintiffs argue that the Second Amendment protects the right to be able to transport the firearm to another location – such as a second home, somewhere out of NYC, or to a firing range that the owner prefers, even if it not on the “approved” list. The laws apply even if the firearm is unloaded and locked in a case separate from ammunition. The larger issue for the Court to address is the scope of the Second Amendment right outside of the home, which many have wanted/dreaded.
The City, however, has twice tried to get the appeal dismissed, first by stating a plan to amend its regulations to allow what the plaintiffs seek, and then by allegedly doing it. The City is arguing the issue is moot, but the plaintiffs are understandably skeptical, as this (1.) seems like an attempt to avoid having a perceived-conservative Supreme Court decide a Second Amendment case, and (2.) the regulations are quite restrictive and do not actually address the plaintiffs’ concerns, and (3.) there is literally nothing to assure that NYC, even if the new regulations did give the plaintiffs what they seek, wouldn’t go back to the old restrictions as soon as possible after the lawsuit was dismissed. This reassurance is called the “voluntary cessation” doctrine, and if the Supreme Court is not convinced the standards for voluntary cessation are met, then the case is not moot and will still be heard. You can read more about this case in the Washington Post Article.
This issue is to be considered by the Court on or after October 1, 2019.
The Law Firm of David G. Sigale, P.C. was founded to serve the legal needs of the Chicago metropolitan area. Mr. Sigale has counseled and represented corporate and individual clients across the United States and internationally. He believes in protecting Americans from improper attempts by the government to infringe upon their constitutional rights. His firm services clients in Cook, DuPage, Kane, Kendall and Will Counties, and as well as reviews matters in other locations on a case-by-case basis. Contact the firm for a consultation.
