No. 22-622

Nadine Gazzola, et al. v. Kathleen Hochul, Governor of New York, et al.

Lower Court: Second Circuit
Docketed: 2023-01-09
Status: Denied
Type: Paid
Experienced Counsel
Tags: 2nd-amendment civil-rights constitutional-rights dealer firearms firearms-regulation government-overreach licensing-scheme natural-resources-defense-council second-amendment standing winter-standard
Key Terms:
AdministrativeLaw SocialSecurity SecondAmendment DueProcess FifthAmendment Securities JusticiabilityDoctri
Latest Conference: 2023-04-21
Question Presented (AI Summary)

Is there a likelihood of success on the merits under Winter v. Natural Resources Defense Council that the meaning and purpose of 'to keep,' as in 'to keep and bear arms' in the Second Amendment, creates standing for the federally-licensed dealer in firearms comparable to that of the individual, given that the firearm is the only civil right dependent upon an object for actualization?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Is there a likelihood of success on the merits under Winter v. Natural Resources Defense Council that the meaning and purpose of “to keep,” as in “to keep and bear arms” in the Second Amendment, creates standing for the federally-licensed dealer in firearms comparable to that of the individual, given that the firearm is the only civil right dependent upon an object for actualization? 2. Is there a likelihood of success on the merits under Winter that “constitutional regulatory overburden” could be used as a standard of constitutionality of law(s) directed at federally-licensed dealers in firearms to guard against dis-incentivizing the industry from performing its necessary function for individuals seeking to exercise their fundamental Second Amendment rights? 3. Is there a likelihood of success on the merits under Winter that the Second Amendment, in conjunction with the Gun Control Act of 1968, the Firearm Owners’ Protection Act of 1986, and the Brady Act (1993), along with federal firearms compliance law and regulation, protects the records of the federallylicensed dealer against government seizure of those records, including for purposes of creating a firearms owners’ registry? 4. Is there a likelihood of success on the merits under NYSRPA v. Bruen that government actors must not so frustrate a licensing scheme as to substantially block issuance of licenses? u 5. Is there a likelihood of success on the merits under NYSRPA v. Bruen that government is prohibited from requiring a license in order to purchase the class of firearms commonly used and known as the “semiautomatic rifle,” where there is no historic analogue for the same? 6. Is there a likelihood of success on the merits under NYSRPA v. Bruen that government is prohibited from requiring an ammunition background check in order to purchase ammunition, where there is no historic analogue for the same? 7. Is there a likelihood of success on the merits under the Fifth Amendment that an individual cannot be compelled to sign a document requiring attestation of compliance while engaged in litigation to overturn the certification mandate? 8. Are Petitioners entitled to preliminary injunctive relief to stop enforcement of new laws, targeting statelicensed dealers in firearms, threatening catastrophic constitutional, criminal, and regulatory penalties, even where Respondents admit discriminatory animus and intentionally disrupt normal implementation of compliance and licensing systems?

Docket Entries

2023-04-24
Petition DENIED.
2023-04-05
DISTRIBUTED for Conference of 4/21/2023.
2023-04-04
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
2023-04-03
2023-03-29
Brief of respondents Kathleen Hochul, Governor of New York, et al. in opposition filed.
2023-03-06
Motion to extend the time to file a response is granted in part and the time is extended to and including March 29, 2023.
2023-03-03
Motion to extend the time to file a response from March 10, 2023 to April 10, 2023, submitted to The Clerk.
2023-02-07
Motion to extend the time to file a response is granted and the time is extended to and including March 10, 2023.
2023-02-06
Response of Nadine Gazzola, et al. to motion submitted.
2023-02-06
Motion to extend the time to file a response from February 8, 2023 to March 10, 2023, submitted to The Clerk.
2023-01-18
Application (22A591) for writ of injunction presented to Justice Sotomayor and by her referred to the Court is denied.
2023-01-18
Application (22A591) referred to the Court.
2023-01-12
Reply of applicant Nadine Gazzola, et al. filed.
2023-01-11
Response to application from respondent Kathleen Hochul, et al. filed.
2023-01-04
Petition for a writ of certiorari filed. (Response due February 8, 2023)
2023-01-03
Response to application (22A591) requested by Justice Sotomayor, due by 4 p.m. (EST), on Wednesday, January 11, 2023.
2022-12-29
Application (22A591) for writ of injunction, submitted to Justice Sotomayor.

Attorneys

Kathleen Hochul, et al.
Barbara Dale UnderwoodSolicitor General, Respondent
Barbara Dale UnderwoodSolicitor General, Respondent
Nadine Gazzola, et al.
Paloma Appolonia CapannaPaloma A. Capanna, Petitioner
Paloma Appolonia CapannaPaloma A. Capanna, Petitioner