Supreme Court Report

Supreme Court of the United States · Official docket →

Jimmy Baldea v. City of New York License Division of the NYPD

Paid petition · Appellate Division, Supreme Court of New York, First Judicial Department, No. 2021-02170 · judgment August 19, 2021

Certiorari denied · December 5, 2022
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Is License Division empowered to deny an unrestricted concealed carry license to a qualified police officer, as defined by 18 U.S.C. § 926B (2017), who seeks to apply for such licensing?.

  2. Does License Division’s interpretation and use of 38 RQNY violate 18 U.S.C. § 926B (2017) by preventing Baldea, a qualified police officer, from gaining access to his off-duty handgun?

  3. Did any/all of the following (appellate division, first department; License Division; City of New York Law Department; court of appeals) act unjustly by denying Baldea an in-person and/or emergency hearing and/or special consideration in light of Baldea identifying himself as a qualified police officer who faces dangers at work by being unprotected without his off-duty handgun?

  4. Should the City of New York be required to establish and empower, and should License Division be mandated to be held accountable to, an independent civilian Review Board, as opposed to the current practice of use of an in-house Appeals Unit that exists within and is staffed by License Division, for denials/disapprovals of handgun licenses by License Division?

Counsel of record

For petitioner
Jimmy Baldea

For respondent
Richard Paul Dearing
New York State Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 05 2022
    Petition DENIED.
  2. Nov 15 2022
    DISTRIBUTED for Conference of 12/2/2022.
  3. Nov 14 2022
    Reply of petitioner Jimmy Baldea filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. Oct 31 2022
    Brief of respondent City of New York License Division of the NYPD in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  5. Sep 20 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including October 31, 2022.
  6. Sep 15 2022
    Motion to extend the time to file a response from September 30, 2022 to October 31, 2022, submitted to The Clerk.
    Main Document
  7. Aug 18 2022
    Motion to extend the time to file a response is granted in part and the time is extended to and including September 30, 2022.
  8. Aug 16 2022
    Motion to extend the time to file a response from August 31, 2022 to October 17, 2022, submitted to The Clerk.
    Main Document
  9. Aug 01 2022
    Response Requested. (Due August 31, 2022)
  10. Jul 13 2022
    DISTRIBUTED for Conference of 9/28/2022.
  11. May 10 2022
    Petition for a writ of certiorari filed. (Response due June 30, 2022)
    PetitionAppendixCertificate of Word CountProof of Service