Sibley v. Watches
Decision Date | 16 November 2020 |
Docket Number | Case # 19-CV-6517-FPG |
Citation | 501 F.Supp.3d 210 |
Parties | Montgomery Blair SIBLEY, Plaintiff, v. Chauncey J. WATCHES, solely in his official capacity as a New York Consolidated Laws, Penal Law 265.00(10) Licensing Officer; Andrew Mark Cuomo, solely in his official capacity as the Chief Administrative Officer of the State of New York; James L. Allard, solely in his official capacity as Sheriff of Steuben County, New York; Brooks Baker, solely in his official capacity as District Attorney of Steuben County; and Keith M. Corlett, solely in his official capacity as Superintendent of the New York State Police, Defendants. |
Court | U.S. District Court — Western District of New York |
Montgomery Blair Sibley, Corning, NY, pro se.
Gary M. Levine, New York State Office of the Attorney General, Rochester, NY, for Defendants Chauncey J. Watches, His Excellency Andrew Mark Cuomo, Keith M. Corlett.
David H. Fitch, Underberg & Kessler LLP, Rochester, NY, for Defendant Brooks Baker.
DECISION AND ORDER
Pro se Plaintiff Montgomery Blair Sibley brings this action under 42 U.S.C. § 1983 challenging the constitutionality of New York State's laws banning the unlicensed possession of handguns and the possession of cane swords. ECF No. 56. Several motions are pending before the Court: (1) Defendant Brooks Baker's Motion to Dismiss Sibley's Third Amended Complaint, ECF No. 59; (2) Defendants Keith M. Corlett, Andrew Mark Cuomo, and Chauncey J. Watches's Motion to Dismiss Sibley's Third Amended Complaint, ECF No. 60; and (3) Sibley's Motion to Expedite, Request for Judicial Notice, and Motion for Preliminary Injunction. ECF No. 65.
Because the substance of the motions substantially overlap, the Court considers all of the parties’ motions together. See Schreiber v. Friedman , No. 15-CV-6861 (CBA) (JO), 2017 WL 5564114, at *, 2017 U.S. Dist. LEXIS 221610, at *15 (E.D.N.Y. Mar. 31, 2017) ( ). For the reasons stated below, Defendants’ motions to dismiss are GRANTED, and Sibley's motion to expedite, for judicial notice, and for a preliminary injunction is deemed MOOT.
The following facts are taken from the Third Amended Complaint unless otherwise noted. In November 2017, Sibley moved from Washington, D.C. to Corning, New York, and brought two handguns and a cane sword with him. ECF No. 56 ¶ 10. On July 18, 2018, Sibley applied for a "carry concealed" handgun license in Steuben County, New York. Id. ¶ 12. He disclosed the possession of his two handguns on the application. Id. The application triggered an investigation, including a series of background checks. Id. To the best of Sibley's knowledge, these all came back negative for any criminal or mental health history. Id.
On December 28, 2018, as part of the investigation, Sibley was interviewed by a Steuben County Sheriff's Deputy. Id. ¶ 13. Following the interview, the Deputy told Sibley that possessing his handguns in his home without a license was illegal under N.Y. Penal Law § 265.01(1) and advised Sibley to get rid of them pending the decision on his application. Id. Sibley removed his handguns from New York. Id. He also removed his cane sword. Id.
On May 29, 2019, Defendant Chauncey J. Watches, a Steuben County judge and handgun licensing officer, sent Sibley a letter denying his "carry concealed" handgun license application. Id. ¶ 16. The denial letter stated that "the decision [was] based upon concerns expressed in the Sheriff's investigation," specifically "concerns about your being sufficiently responsible to possess and care for a pistol" and concerns "that your history demonstrates that you place your own interest above the interests of society." Id. The letter advised Sibley that he had the right to request a hearing at which he could testify and present witnesses. Id.
On June 14, 2019, Sibley requested a hearing. Id. at 17. But before the hearing could take place, on July 9, 2019, Sibley brought the instant action in this Court challenging Judge Watches's initial denial of his handgun license application and the constitutionality of New York's handgun licensing laws. ECF No. 1. The parties engaged in motion practice, and Sibley ultimately filed his Third Amended Complaint, the operative pleading. ECF No. 56.
The hearing before Judge Watches took place on January 10, 2020. ECF No. 56 ¶ 19. On March 9, 2020, Judge Watches issued a written decision confirming his denial of Sibley's handgun license application. ECF No. 56 ¶ 21. In it, Judge Watches found that Sibley had failed to demonstrate "good moral character" as required by N.Y. Penal Law § 400.00(1)(b). ECF No. 56 at 24-27. His decision1 explained, in relevant part:
After the Third Amended Complaint was filed, on August 26, 2020, Sibley filed an Article 78 proceeding in the Supreme Court of New York, Steuben County. ECF No. 60-1. The Article 78 proceeding remains pending and is set for a hearing in February 2021. ECF No. 70 at 1.
A complaint will survive a motion to dismiss when it states a plausible claim for relief. Ashcroft v. Iqbal , 556 U.S. 662, 679, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing Bell Atl. Corp. v. Twombly , 550 U.S. 544, 555-56, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). A claim for relief is plausible when the plaintiff pleads sufficient facts that allow the Court to draw reasonable inferences that the defendant is liable for the alleged conduct. Id. In considering the plausibility of a claim, the Court must accept all...
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