Supreme Court of the United States · Official docket →
Nadine Gazzola, et al. v. Kathleen Hochul, Governor of New York, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 22-3068
Before the decision, about 3.5× the 4.1% base rate. The model weighted this up for a Second Circuit decision below and a circuit split argued in the petition, and down for a state or local-government respondent.
Questions presented
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Is there a likelihood of success on the merits under Winter v. Natural Resources Defense Council that the meaning and purpose of “to keep,” as in “to keep and bear arms” in the Second Amendment, creates standing for the federally-licensed dealer in firearms comparable to that of the individual, given that the firearm is the only civil right dependent upon an object for actualization?
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Is there a likelihood of success on the merits under Winter that “constitutional regulatory overburden” could be used as a standard of constitutionality of law(s) directed at federally-licensed dealers in firearms to guard against dis-incentivizing the industry from performing its necessary function for individuals seeking to exercise their fundamental Second Amendment rights?
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Is there a likelihood of success on the merits under Winter that the Second Amendment, in conjunction with the Gun Control Act of 1968, the Firearm Owners’ Protection Act of 1986, and the Brady Act (1993), along with federal firearms compliance law and regulation, protects the records of the federallylicensed dealer against government seizure of those records, including for purposes of creating a firearms owners’ registry?
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Is there a likelihood of success on the merits under NYSRPA v. Bruen that government actors must not so frustrate a licensing scheme as to substantially block issuance of licenses?
Counsel of record
For petitioner
Paloma Appolonia Capanna
Paloma A. Capanna
For respondent
Barbara Dale Underwood
Solicitor General
Proceedings
- Apr 24 2023Petition DENIED.
- Apr 05 2023DISTRIBUTED for Conference of 4/21/2023.
- Apr 04 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
- Apr 03 2023Reply of petitioners Nadine Gazzola, et al. filed.
- Mar 29 2023Brief of respondents Kathleen Hochul, Governor of New York, et al. in opposition filed.
- Mar 06 2023Motion to extend the time to file a response is granted in part and the time is extended to and including March 29, 2023.
- Mar 03 2023Motion to extend the time to file a response from March 10, 2023 to April 10, 2023, submitted to The Clerk.
- Feb 07 2023Motion to extend the time to file a response is granted and the time is extended to and including March 10, 2023.
- Feb 06 2023Motion to extend the time to file a response from February 8, 2023 to March 10, 2023, submitted to The Clerk.
- Feb 06 2023Response of Nadine Gazzola, et al. to motion submitted.
- Jan 18 2023Application (22A591) referred to the Court.
- Jan 18 2023Application (22A591) for writ of injunction presented to Justice Sotomayor and by her referred to the Court is denied.
- Jan 12 2023Reply of applicant Nadine Gazzola, et al. filed.
- Jan 11 2023Response to application from respondent Kathleen Hochul, et al. filed.
- Jan 04 2023Petition for a writ of certiorari filed. (Response due February 8, 2023)
- Jan 03 2023Response to application (22A591) requested by Justice Sotomayor, due by 4 p.m. (EST), on Wednesday, January 11, 2023.
- Dec 29 2022Application (22A591) for writ of injunction, submitted to Justice Sotomayor.