Joseph Srour v. City of New York, New York, et al.

Rescuing the People from the riptide caused by unconstitutional firearm regulations, the Southern District delivered an analytically sound legal opinion declaring New York City’s moral character requirement for the possession of rifles and shotguns facially unconstitutional 1 and permanently enjoining its enforcement. While Respondents’ interlocutory appeal of the permanent injunction was being briefed, they voluntarily issued Petitioner a rifle/shotgun license, then sought dismissal of their interlocutory appeal as moot, and demanded vacatur of the district court order. Relying on United States v. Munsingwear, Inc., 340 U.S. 36 (1950), from which this Court departed long ago, the Second Circuit heedlessly vacated the unreviewed district court judgment in a manner starkly divergent from this Court’s jurisprudence under U.S. Bancorp Mortg. Co. v. Bonner Mall P’ship, 513 U.S. 18 (1994). Vacatur of judgment under Munsingwear is strictly limited to events beyond the control of the non-prevailing party that cause the judgment being appealed to become unreviewable. Post-U.S. Bancorp the central factor to be considered is “whether the 1 New York City prohibits its residents from possessing rifles and shotguns without a license, which is subject to an open-ended, subjective assessment of the licensee’s “moral character.” See, § 10-303(a)(2) of the New York City Administrative Code (“NYAC”). Pet.App.94a. Grounds to deny a license include nonpayment of child support, a negative driving history, and prior arrests that terminated in favor of the accused. Id