N.Y. State Rifle & Pistol Ass'n v. City of N.Y.

• Decision Date: 04 February 2015
• Docket Number: No. 13 Civ. 2115RWS.,13 Civ. 2115RWS.
• Citation: 86 F.Supp.3d 249
• Parties: The NEW YORK STATE RIFLE & PISTOL ASSOCIATION, Romolo Colantone, Efrain Alvarez, and Jose Anthony Irizarry, Plaintiffs, v. The CITY OF NEW YORK and The New York City Police Department—License Division, Defendants.
• Court: U.S. District Court — Southern District of New York

86 F.Supp.3d 249

The NEW YORK STATE RIFLE & PISTOL ASSOCIATION, Romolo Colantone, Efrain Alvarez, and Jose Anthony Irizarry, Plaintiffs

v.The CITY OF NEW YORK and The New York City Police Department—License Division, Defendants.

No. 13 Civ. 2115RWS.

United States District Court, S.D. New York.

Signed Feb. 4, 2015.

Filed Feb. 5, 2015.

Goldberg Segalla, LLP, by: Brian T. Stapleton, Esq., White Plains, NY, Goldberg Segalla, LLP, by: Christopher Bopst, Esq., Matthew S. Lerner, Esq., Buffalo, NY, Goldberg Segalla, LLP, by:

Frank J. Ciano, Esq., Albany, NY, for Plaintiffs.

Zachary W. Carter, Corporation Counsel of the City of New York, by: Michelle Goldberg–Cahn, Esq., Sheryl Neufeld, Esq., Benjamin Hillengas, Esq., New York, NY, for Defendants.

OPINION

SWEET, District Judge.

Plaintiffs New York State Rifle & Pistol Association (the “Association”), Romolo Colantone (“Colantone”), Efrain Alvarez (“Alvarez”) and Jose Anthony Irizarry (“Irizarry”) (collectively, “Plaintiffs”) have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure and for a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure. Plaintiffs seek a declaration that restrictions on a Premises Residence license issued by Defendant the City of New York (the “City”) through Defendant the New York City Police Department License Division (the “License Division”) (collectively the “Defendants”) are unconstitutional. Defendants have cross moved for summary judgment pursuant to Rule 56, seeking dismissal of Plaintiffs' complaint. Upon the facts and conclusions of law set forth below, the Defendants' cross motion is granted, and the complaint is dismissed.

These motions present the sensitive issue of gun control in our largest city, an issue critical to the public safety and the protection of significant constitutional rights. Handguns are unfortunately not exclusively used for the legitimate purposes of law enforcement, civilian self-protection, or for sport. Handguns in this and other large cities are also the instruments with which violent crimes are perpetuated, and whose improper use has led to numerous accidental deaths in public places. Legislators and members of the executive branch at municipal, state, and federal levels of government have grappled with these problems, and promulgated and enforced laws in the hopes of reducing the deleterious effects of handguns while protecting citizens' constitutionally-protected rights to bear arms. One such law is Title 38, Chapter Five, Section 23 of Rules of the City of New York (“RCNY”).

Plaintiffs seek to partially invalidate 38 RCNY § 5–23, which limits transport of a handgun through the following provision: “To maintain proficiency in the use of the handgun, the licensee may transport her/his handgun(s) directly to and from an authorized small arms range/shooting club, unloaded, in a locked container, the ammunition to be carried separately.” Plaintiffs contend that the decisions of the Supreme Court in District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008), and McDonald v. City of Chicago, Ill., 561 U.S. 742, 130 S.Ct. 3020, 177 L.Ed.2d 894 (2010), render unconstitutional 38 RCNY § 5–23 's limitations on transport, specifically, the prohibition against transporting a handgun to second residence outside the City, for target price, or for competitive shooting outside the City.

Prior Proceedings

Plaintiffs filed an initial complaint on March 29, 2013 and filed the operative amended complaint on May 1, 2013. On May 7, 2013, Plaintiffs filed a motion for a preliminary injunction, which was stayed by this Court on September 20, 2013 pending the Court of Appeals' decision in Osterweil v. Bartlett, 706 F.3d 139, 140 (2d Cir.), certified question accepted, 20 N.Y.3d 1058, 961 N.Y.S.2d 832, 985 N.E.2d 428 (N.Y.2013) and certified question answered, 21 N.Y.3d 580, 977 N.Y.S.2d 153, 999 N.E.2d 516 (N.Y.2013). See generally, New York State Rifle & Pistol Ass'n v. City of New York, 13 CIV. 2115, 2013 WL 5313438 (S.D.N.Y. Sept. 20, 2013). Plaintiffs renewed their motion for a preliminary injunction in February 2014, and the parties filed cross motions for summary judgment on June 6, 2014 and July 16, 2014. The instant motions were heard and marked fully submitted on October 8, 2014.

Facts

The facts have been set forth in Plaintiffs' Local Rule 56.1 Statement of Uncontested Facts, Defendants' Statement of Undisputed Material Facts pursuant to Local Rule 56.1, Plaintiffs' Local Rule 56.1 Statement in Response to the Defendants' Rule 56.1 Statement, and Defendants' Responses and Objections to Plaintiffs' Statement pursuant to Local Rule 56.1. These facts are not in dispute except as noted below.

New York State law prohibits an individual from possessing a pistol or revolver without a license. N.Y. Penal Law §§ 265.01, 265.20(a)(3). Violation of this statute is a Class A Misdemeanor punishable by up to one year in prison, a $1,000 fine, or both. N.Y. Penal Law §§ 265.01, 60.01(3), 70.15. The State of New York specifies certain classes of gun licenses under Penal Law § 400.00(2).

Defendant, the City of New York, is a domestic municipal corporation organized and existing under the laws of the State of New York. See New York City Charter § 1. The License Division reviews applications for Premises Residence firearms licenses and issues licenses following an investigation of the applicant. See Lunetta Dec., ¶¶ 1, 15–27; Penal Law §§ 400.00, 265.00(10).

The different firearms licenses and permits issued by the License Division, along with a description of the license type are codified in 38 RCNY 5–23 (types of handgun licenses) and 38 RCNY 1–02 (rifle, shotgun, and longarm permits). One of the licenses available for New York City residents to obtain is a Premises License–Residence, which allows an individual to keep a handgun in his or her home. 38 RCNY §§ 5–01, 5–23.

Premises Residence handgun licensees are restricted to possessing the licensed weapon at the specific home address designated on the license. See 38 RCNY § 5–01(a). Premises Residence licensees are also authorized to transport the licensed handgun directly to and from an authorized small arms range/shooting club, secured and unloaded in a locked container. See 38 RCNY §§ 5–01(a); 5–22(a) (14). Title 38 was amended in May 2001 to read as follows:

(a) Premises License–Residence or Business. This is a restricted handgun license, issued for the protection of a business or residence premises.

(1) The handguns listed on this license may not be removed from the address specified on the license except as otherwise provided in this chapter.

(2) The possession of the handgun for protection is restricted to the inside of the premises which address is specified on the license.

(3) To maintain proficiency in the use of the handgun, the licensee may transport her/his handgun(s) directly to and from an authorized small arms range/shooting club, unloaded, and in a locked container, the ammunition to be carried separately.

(4) A licensee may transport his/her handgun(s) directly to and from an authorized area designated by the New York State Fish and Wildlife Law and in compliance with all pertinent hunting regulations, unloaded, in a locked container, the ammunition to be carried separately, after the licensee has requested and received a “Police Department—City of New York Hunting Authorization” Amendment attached to her/his license.

38 RCNY § 5–23.

Pursuant to New York State Penal Law § 400.00(1), “[n]o license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true.” New York's Penal Law details the duties of the licensing officer which include, inter alia, determining whether the applicant meets the eligibility requirements set forth under Penal Law § 400.00(1) ; inspecting mental hygiene records for previous or present mental illness; investigating the truthfulness of the statements in the application; and having the applicant's fingerprints forwarded for review against the records of the New York State Division of Criminal Justice Services and the FBI to ascertain any previous criminal record.See Penal Law §§ 400.00(1), 400.00(4). After an investigation, the licensing officer may not approve the application if, inter alia, “good cause exists for the denial of the license.” Penal Law § 400.00(1)(g).

There are currently over 40,000 active licenses that have been issued by the License Division for the possession of handguns in New York City; and over 20,000 active permits for the possession of rifles and shotguns. The License Division currently processes an average of 3,200 new applications and over 9,000 renewal applications each year for the issuance and renewal of the various types of handgun licenses issued by the License Division. In addition, the License Division processes an average of 850 applications for rifle and shotgun permits and 5,000 renewal applications per year. The License Division currently has 79 employees. It is divided into several different sections and units, and is overseen by a five member Executive Staff, that includes a director, deputy inspector (serving as commanding officer), a captain (serving as executive officer), and a lieutenant and sergeant (serving as Integrity Control Officer and Assistant). The License Division has an Incident Section that investigates on average 600 incidents pertaining to handgun licenses per year. The License Division receives reports from the New York State Division of Criminal Justice System regarding all arrests made within the State of New York for which an arrestee is fingerprinted. No formal report is forwarded to the License Division for summonses and other arrests, and for incidents for which a detainee is not fingerprinted. The NYPD Department Manual includes a procedure for NYPD personnel to investigate...