No. 20-1151

Libertarian Party of Erie County, et al. v. Andrew M. Cuomo, Individually and as Governor of the State of New York, et al.

Lower Court: Second Circuit
Docketed: 2021-02-23
Status: Denied
Type: Paid
Tags: 2nd-amendment civil-rights due-process heller licensing-discretion may-issue-law mcdonald pistol-permit second-amendment self-defense standing
Key Terms:
AdministrativeLaw SocialSecurity SecondAmendment DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2021-06-17
Question Presented (AI Summary)

Should the State of New York's pistol permit process violate the Second Amendment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW This case presents one big issue that necessarily requires the resolution of a number of critical subsidiary issues. 1. Should the State of New York, in all of its three branches of government, working in unison, be allowed to continue to blatantly violate the right to bear arms as recognized by this Court in the landmark decisions of District of Columbia v. Heller, 554 U.S. 570 (2008) and McDonald v. City of Chicago, 561 U.S. 742 (2010), through its arbitrary, complex and onerous pistol permit process which forces citizens to seek the permission of neighbors, police officers and licensing officials to exercise a fundamental right and which vests in licensing officials virtually unlimited discretion to deny, suspend or revoke handgun permits while ignoring due process, and which forces citizens to endure a lengthy, expensive and complex permit application process? Resolving this question requires the resolution of the following additional questions: 2. Is intermediate scrutiny a proper standard for reviewing statutes that burden the Second Amendment? ii 3. Can courts apply a balancing test such as intermediate scrutiny which effectively gives zero weight to the interests protected by the Second Amendment? 4. Can courts properly evaluate Second Amendment claims without acknowledging the true purpose of the right to bear arms, to deter government tyranny in all its multifarious forms? 5. Does New York’s discretionary “may-issue” licensing law to purchase and possess handguns in the home for self-defense violate the Second Amendment to the United States Constitution. 6. Does New York’s discretionary “proper cause” licensing law to purchase and possess handguns outside the home for self-defense violate the Second Amendment to the United States Constitution. 7. Are pistol permit licensing officers immune from suit merely because they also happen to be judges? 8. Do citizens who have not applied for a pistol permit lack standing to challenge the need for a pistol permit?

Docket Entries

2021-06-21
Petition DENIED.
2021-06-01
DISTRIBUTED for Conference of 6/17/2021.
2021-05-29
Letter of May 29, 2021 from counsel for respondents written to correct factual error in brief in opposition filed.
2021-05-27
Reply of petitioners Libertarian Party of Erie County, et al. filed. (Distributed)
2021-05-25
Brief of respondents Andrew M. Cuomo, et al. in opposition filed.
2021-04-16
Motion to extend the time to file a response is granted in part; the time is extended to and including May 25, 2021.
2021-04-15
Motion to extend the time to file a response from April 26, 2021 to May 26, 2021, submitted to The Clerk.
2021-03-23
Motion to extend the time to file a response is granted and the time is extended to and including April 26, 2021.
2021-03-20
Motion to extend the time to file a response from March 25, 2021 to April 26, 2021, submitted to The Clerk.
2021-03-09
Supplemental brief of petitioners Libertarian Party of Erie County, et al. filed.
2021-02-09
Petition for a writ of certiorari filed. (Response due March 25, 2021)

Attorneys

Andrew M. Cuomo, et al.
Barbara Dale UnderwoodSolicitor General, Respondent
Libertarian Party of Erie County, et al.
Michael KuzmaMichael Kuzma, Petitioner