New York State Rifle & Pistol Association Inc. v. City of New York, New York
Issues
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. Under a former rule, the City issued premises licenses to qualified individuals. Such licenses permitted a licensee to possess a handgun at the licensee’s City residence but placed restrictions upon the transportation of the handgun to locations outside of the City. 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. 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. The City, joined by the New York City Police Department-License Division, counters that its former rule is a constitutional exercise of its regulatory power and protects public safety. The City recently amended the rule at issue, so the City also argues that this case is moot. 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.
Questions as Framed for the Court by the Parties
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. New York State Rifle & Pistol Association, Inc. v. City of New York at 52. In New York City (the “City”), licensing officers may issue a handgun license to a City resident pursuant to 38 R.C.N.Y. § 5-23 (the “Rule”). Id.
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Additional Resources
- Robert Barnes, New York Eased Gun Law Hopeful Supreme Court Would Drop Second Amendment Case — but that Hasn’t Happened Yet, The Washington Post (August 11, 2019).
- Richard Wolf, New York City Limits on Transporting Guns Eased in Effort to get Supreme Court Challenge Dismissed, USA Today (June 21, 2019).