Supreme Court Report

Supreme Court of the United States · Official docket →

New York State Rifle & Pistol Association, Inc., et al. v. City of New York, New York, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 15-638 · judgment February 23, 2018

Decided · April 27, 2020
Pre-decision estimate: 3% cert probability

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

Question presented

New York City prohibits its residents from possessing a handgun without a license, and the only license the City makes available to most residents allows its holder to possess her handgun only in her home or en route to one of seven shooting ranges within the city. The City thus bans its residents from transporting a handgun to any place outside city limits-even if the handgun is unloaded and locked in a container separate from its ammunition, and even if the owner seeks to transport it only to a second home for the core constitutionally protected purpose of self-defense, or to a more convenient out-of-city shooting range to hone its safe and effective use. The City asserts that its transport ban promotes public safety by limiting the presence of handguns on city streets. But the City put forth no empirical evidence that transporting an unloaded handgun, locked in a container separate from its ammunition, poses a meaningful risk to public safety. Moreover, even if there were such a risk, the City's restriction poses greater safety risks by encouraging residents who are leaving town to leave their handguns behind in vacant homes, and it serves only to increase the frequency of handgun transport within city limits by forcing many residents to use an incity range rather than more convenient ranges elsewhere. The question presented is: Whether the City's ban on transporting a licensed, locked, and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the Commerce Clause, and the constitutional right to travel.

Counsel of record

For petitioner
Paul D. Clement
Clement & Murphy, PLLC

For respondent
Richard Paul Dearing
New York City Law Department

Case

Conference history
Distributed for 4 conferences

Amicus briefs
3 cert-stage · 43 merits
(28 supporting pet./neither, 15 respondent)

Argument & decision

Argued December 2, 2019 — Paul D. Clement · Richard P. Dearing. Audio and transcript

Decided April 27, 2020. Opinion by Per Curiam.

Proceedings

  1. May 29 2020
    JUDGMENT ISSUED.
  2. Apr 27 2020
    Judgment VACATED and case REMANDED. Opinion per curiam. Kavanaugh, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined, and in which Thomas, J., joined except for Part IV–B.
  3. Dec 02 2019
    Argued. For petitioners: Paul D. Clement, Washington, D. C.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Richard P. Dearing, New York, N. Y.
  4. Nov 20 2019
    Letter response brief of petitioners pursuant to request of the Clerk filed. (Distributed)
  5. Nov 20 2019
    Letter response brief of respondents' pursuant to request of the Clerk filed. (Distributed)
  6. Nov 15 2019
    Letter from the Solicitor General filed. (Distributed)
  7. Nov 15 2019
    Request from the Clerk that the Solicitor General submit his views on mootness in a letter brief, limited to 10 pages, by 6 p.m., Friday, November 15, 2019. The parties may submit their responses in a letter brief, limited to 10 pages each, by 2 p.m., Wednesday, November 20, 2019.
  8. Nov 15 2019
    Letter brief of the Solicitor General pursuant to request of the Clerk filed. (Distributed)
  9. Oct 25 2019
    CIRCULATED
  10. Oct 24 2019
    The record from the U.S.C.A. 2nd Circuit is electronic and filed. The record is complete from the 2nd Circuit.
  11. Oct 23 2019
    Record requested from the U.S.C.A. 2nd Circuit.
  12. Oct 15 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  13. Oct 15 2019
    Motion of Neal Goldfarb for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
  14. Oct 07 2019
    The Respondent's Suggestion of Mootness is denied. The question of mootness will be subject to further consideration at oral argument, and the parties should be prepared to discuss it.
  15. Sep 13 2019
    SET FOR ARGUMENT on Monday, December 2, 2019.
  16. Sep 04 2019
    Reply of petitioners New York State Rifle & Pistol Association, Inc., et al. filed.
  17. Aug 12 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  18. Aug 12 2019
    Amicus brief of March for Our Lives Action Fund not accepted for filing. (Corrected version submitted)
  19. Aug 12 2019
    Brief amicus curiae of March for Our Lives Action Fund filed.
  20. Aug 12 2019
    Brief amici curiae of States of New York, Connecticut, Illinois, Maryland, Massachusetts, Michigan, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, and Virginia and the District of Columbia filed.
  21. Aug 12 2019
    Brief amici curiae of Public Health Researchers and Social Scientists filed.
  22. Aug 12 2019
    Brief amici curiae of Federal Courts Scholars filed.
  23. Aug 12 2019
    Brief amici curiae of 139 Members of the United States House of Representatives filed.
  24. Aug 12 2019
    Brief amici curiae of Senator Sheldon Whitehouse, et al. filed.
  25. Aug 12 2019
    Amicus brief of Neal Goldfarb not accepted for filing. (Corrected version submitted)
  26. Aug 12 2019
    Brief amici curiae of National League of Cities, et al. filed.
  27. Aug 12 2019
    Brief amici curiae of Corpus Linguistics Professors and Experts filed.
  28. Aug 12 2019
    Brief amicus curiae of Former Commissioner of the New York City Police Department William J. Bratton filed.
  29. Aug 12 2019
    Brief amici curiae of Constitutional Law Professors filed.
  30. Aug 12 2019
    Brief amicus curiae of Citizens Crime Commission of New York City filed.
  31. Aug 12 2019
    Brief amici curiae of National Education Association filed.
  32. Aug 12 2019
    Brief amicus curiae of Everytown for Gun Safety filed.
  33. Aug 12 2019
    Brief amicus curiae of Americans Against Gun Violence filed.
  34. Aug 12 2019
    Brief amicus curiae of Neal Goldfarb filed. (August 13, 2019)
  35. Aug 12 2019
    Motion of Neal Goldfarb for leave to participate in oral argument as amicus curiae and for divided argument filed.
  36. Aug 08 2019
    Respondents' reply in support of suggestion of mootness filed. (Distributed)
  37. Aug 07 2019
    Suggestion of mootness DISTRIBUTED for Conference of 10/1/2019.
  38. Aug 05 2019
    Brief of respondents City of New York, et al. filed.
  39. Aug 05 2019
    Respondents' Supplemental Appendix of City of New York, et al. not accepted for filing. (August 09, 2019)
  40. Aug 05 2019
    Supplemental appendix to respondents’ brief on the merits filed. (Corrected copies 8/9/19)
  41. Aug 01 2019
    Brief amicus curiae of The Becket Fund for Religious Liberty in support of neither party filed.
  42. Aug 01 2019
    Petitioners' response to suggestion of mootness filed. (Distributed)
  43. Jul 26 2019
    Motion for a further extension of time to file respondents' brief on the merits denied.
  44. Jul 24 2019
    Response of petitioners to motion for a further extension of time to file respondents' brief on the merits filed.
  45. Jul 22 2019
    Suggestion of Mootness filed by respondents City of New York, et al.
  46. Jul 22 2019
    Motion for a further extension of time to file respondents' brief on the merits filed.
  47. Jul 08 2019
    Response of New York State Rifle & Pistol Association, Inc., et al. to motion not accepted for filing. (July 08, 2019)
  48. Jul 03 2019
    Letter dated July 3, 2019 of City of New York, et al. not accepted for filing. (July 08, 2019)
  49. May 14 2019
    Brief amici curiae of Second Amendment Law Professors in support of neither party filed.
  50. May 14 2019
    Brief amicus curiae of Giffords Law Center to Prevent Gun Violence in support of neither party filed.
  51. May 14 2019
    Brief amici curiae of Brady and Team ENOUGH in support of neither party filed.
  52. May 14 2019
    Brief amicus curiae of Commonwealth Second Amendment, Inc. filed.
  53. May 14 2019
    Brief amicus curiae of Cato Institute filed.
  54. May 14 2019
    Brief amicus curiae of Center for Constitutional Jurisprudence filed.
  55. May 14 2019
    Brief amicus curiae of National Rifle Association of America, Inc. filed.
  56. May 14 2019
    Brief amicus curiae of The Liberal Gun Club filed.
  57. May 14 2019
    Brief amici curiae of The States of Louisiana, et al. filed.
  58. May 14 2019
    Brief amicus curiae of George K. Young filed.
  59. May 14 2019
    Brief amicus curiae of Mountain States Legal Foundation filed.
  60. May 14 2019
    Brief amicus curiae of Patrick J. Charles in support of neither party filed.
  61. May 14 2019
    Brief amicus curiae of Robert Leider filed.
  62. May 14 2019
    Brief amici curiae of California Rifle & Pistol Association, Incorporated and Gun Owners of California, Inc. filed.
  63. May 14 2019
    Brief amici curiae of Professors of Second Amendment Law, et al. filed.
  64. May 14 2019
    Brief amicus curiae of American Civil Rights Union filed.
  65. May 14 2019
    Brief amicus curiae of Black Guns Matter filed.
  66. May 14 2019
    Brief amici curiae of Bradley Byrne and 119 Additional Members of the United States House of Representatives filed.
  67. May 14 2019
    Brief amici curiae of Firearms Policy Foundation, Firearms Policy Coalition, and the Calguns Foundation filed.
  68. May 14 2019
    Brief amici curiae of Gun Owners of America, Inc., et al. filed.
  69. May 14 2019
    Brief amicus curiae of United States filed.
  70. May 14 2019
    Brief amici curiae of National Sheriffs Association, et al. filed.
  71. May 13 2019
    Brief amicus curiae of National African American Gun Association, Inc. filed.
  72. May 13 2019
    Brief amicus curiae of Pink Pistols filed.
  73. May 13 2019
    Brief amicus curiae of Madison Society Foundation, Inc. filed.
  74. May 13 2019
    Brief amici curiae of Academics for the Second Amendment filed.
  75. May 07 2019
    Joint appendix filed. (Statement of costs received)
  76. May 07 2019
    Brief of petitioners New York State Rifle & Pistol Association, Inc., et al. filed.
  77. Apr 29 2019
    Motion of respondents to hold briefing schedule in abeyance DENIED.
  78. Apr 23 2019
    Reply in support of motion filed.
  79. Apr 19 2019
    Response to motion from petitioners New York State Rifle & Pistol Association, Inc., et al. filed. (Distributed)
  80. Apr 12 2019
    Motion to hold the briefing schedule in abeyance filed by respondents City of New York, et al. (Distributed)
  81. Apr 02 2019
    Blanket Consent filed by Respondent, City of New York, et al.
  82. Mar 11 2019
    Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
  83. Feb 25 2019
    Joint motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 7, 2019. The time to file respondents' brief on the merits is extended to and including August 5, 2019.
  84. Feb 21 2019
    Blanket Consent filed by Petitioners, New York State Rifle & Pistol Association, Inc., et al..
  85. Feb 12 2019
    Joint motion for an extension of time for filing the briefs on the merits filed.
  86. Jan 22 2019
    Petition GRANTED.
  87. Jan 14 2019
    DISTRIBUTED for Conference of 1/18/2019.
  88. Jan 07 2019
    DISTRIBUTED for Conference of 1/11/2019.
  89. Nov 28 2018
    DISTRIBUTED for Conference of 1/4/2019.
  90. Nov 28 2018
    Reply of petitioners New York State Rifle & Pistol Association, Inc., et al. filed. (Distributed)
  91. Nov 08 2018
    Brief of City of New York, et al. in opposition not accepted for filing. (November 09, 2018) (Corrected version submitted November 9, 2018).
  92. Nov 08 2018
    Brief of respondents City of New York, et al. in opposition filed.(11/14/2018)
  93. Oct 09 2018
    Brief amici curiae of Western States Sheriffs' Association et al filed.
  94. Oct 09 2018
    Brief amici curiae of The States of Louisiana, et al. filed.
  95. Oct 09 2018
    Brief amici curiae of Gun Owners of America, et al. filed.
  96. Sep 28 2018
    Blanket Consent filed by Petitioners, New York State Rifle & Pistol Association, Inc., et al..
  97. Sep 21 2018
    Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2018.
  98. Sep 17 2018
    Motion to extend the time to file a response from October 9, 2018 to November 8, 2018, submitted to The Clerk.
  99. Sep 04 2018
    Petition for a writ of certiorari filed. (Response due October 9, 2018)
  100. Jul 23 2018
    Application (17A1393) granted by Justice Ginsburg extending the time to file until September 4, 2018.
  101. Jul 19 2018
    Application (17A1393) to extend further the time from August 3, 2018 to September 2, 2018, submitted to Justice Ginsburg.
    Written RequestProof of Service
  102. Jun 21 2018
    Application (17A1393) granted by Justice Ginsburg extending the time to file until August 3, 2018.
  103. Jun 20 2018
    Application (17A1393) to extend the time to file a petition for a writ of certiorari from July 4, 2018 to August 3, 2018, submitted to Justice Ginsburg.
    Main DocumentLower Court Orders/OpinionsProof of Service