Nadine Gazzola, et al. v. Kathleen Hochul, Governor of New York, et al.
AdministrativeLaw SocialSecurity SecondAmendment DueProcess FifthAmendment Securities JusticiabilityDoctri
1. 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?
2. 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?
3. 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?
4. 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?
5. Is there a likelihood of success on the merits under
NYSRPA v. Bruen that government is prohibited
from requiring a license in order to purchase the class
of firearms commonly used and known as the "semiautomatic rifle," where there is no historic analogue
for the same?
6. Is there a likelihood of success on the merits under
NYSRPA v. Bruen that government is prohibited
from requiring an ammunition background check
in order to purchase ammunition, where there is no
historic analogue for the same?
7. Is there a likelihood of success on the merits under
the Fifth Amendment that an individual cannot be
compelled to sign a document requiring attestation
of compliance while engaged in litigation to overturn
the certification mandate?
8. Are Petitioners entitled to preliminary injunctive
relief to stop enforcement of new laws, targeting statelicensed dealers in firearms, threatening catastrophic
constitutional, criminal, and regulatory penalties,
even where Respondents admit discriminatory animus
and intentionally disrupt normal implementation of
compliance and licensing systems?
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?