No. 21-1495

Jimmy Baldea v. City of New York License Division of the NYPD

Lower Court: New York
Docketed: 2022-05-31
Status: Denied
Type: Paid
Response RequestedRelisted (2)
Tags: 2nd-amendment administrative-procedure civil-rights concealed-carry due-process handgun-regulation law-enforcement licensing-rights police-officer police-powers qualified-immunity
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2022-12-02 (distributed 2 times)
Question Presented (AI Summary)

Is License Division empowered to deny an unrestricted concealed carry license to a qualified police officer, as defined by 18 U.S.C. § 926B (2017), who seeks to apply for such licensing?

Question Presented (from Petition)

QUESTIONS PRESENTED : 1. Is License Division empowered to deny an unrestricted concealed carry license to a qualified police officer, as defined by 18 U.S.C. § 926B (2017), who seeks to apply for such licensing?. 2. Does License Division’s interpretation and use of 88 RQNY.violate 18 U.S.C. § 926B (2017) by | preventing Baldea, a qualified police officer, from | gaining access to his off-duty handgun? } 3. Did any/all of the following (appellate division, first department; License Division; City of New York Law Department; court of appeals) act unjustly by , denying Baldea an in-person and/or emergency | hearing and/or special consideration in light of : Baldea identifying himself as a qualified police officer ; who faces dangers at work by being unprotected | without his off-duty handgun? , 4. Should the City of New York be required to establish and empower, and should License Division | be mandated to be held accountable to, an independent | civilian Review Board, as opposed to the current | practice of use of an in-house Appeals Unit that | exists within and is staffed by License Division, for | of handgun licenses by License | Division? | | | | ii .

Docket Entries

2022-12-05
Petition DENIED.
2022-11-15
DISTRIBUTED for Conference of 12/2/2022.
2022-11-14
Reply of petitioner Jimmy Baldea filed. (Distributed)
2022-10-31
Brief of respondent City of New York License Division of the NYPD in opposition filed.
2022-09-20
Motion to extend the time to file a response is granted and the time is further extended to and including October 31, 2022.
2022-09-15
Motion to extend the time to file a response from September 30, 2022 to October 31, 2022, submitted to The Clerk.
2022-08-18
Motion to extend the time to file a response is granted in part and the time is extended to and including September 30, 2022.
2022-08-16
Motion to extend the time to file a response from August 31, 2022 to October 17, 2022, submitted to The Clerk.
2022-08-01
Response Requested. (Due August 31, 2022)
2022-07-13
DISTRIBUTED for Conference of 9/28/2022.
2022-05-10
Petition for a writ of certiorari filed. (Response due June 30, 2022)

Attorneys

City of New York License Division of the NYPD
Richard Paul DearingNew York State Office of the Attorney General, Respondent
Richard Paul DearingNew York State Office of the Attorney General, Respondent
Tahirih M. SadriehCorporation Counsel of the City of New York, Respondent
Tahirih M. SadriehCorporation Counsel of the City of New York, Respondent
Jimmy Baldea
Jimmy Baldea — Petitioner
Jimmy Baldea — Petitioner