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Michael A. Gurnett v. James F. Bargnesi, Acting Judge, Niagara County Court, New York

Paid petition · Appellate Division, Supreme Court of New York, Fourth Judicial Department, No. 16-00837 · judgment February 3, 2017


Certiorari denied · March 19, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does the New York Pistol Permit Law, on its face and as it was applied to the Petitioner Michael Gurnett; 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 and complex permit application process, violate the Second Amendment right to bear arms as understood and elucidated by this Court as a fundamental right in District of Columbia v. Heller, 554 U.S. 570 (2008) and McDonald v. City of Chicago, 561 U.S. 742 (2010). II. LIST OF PARTIES The petitioner, Michael A. Gurnett, was the petitionerappellant in the courts below. The Respondent James F. Bargnesi, was the respondent in the court below. Neither of the parties is a corporation.

Counsel of record

For petitioner
Michael Kuzma
Michael Kuzma

For respondent
Andrea Oser
Office of the New York State Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 19 2018
    Petition DENIED.
  2. Feb 28 2018
    DISTRIBUTED for Conference of 3/16/2018.
  3. Feb 12 2018
    Waiver of right of respondent James Bargnesi to respond filed.
  4. Jan 16 2018
    Petition for a writ of certiorari filed. (Response due February 26, 2018)