No. 22-622

Nadine Gazzola, et al. v. Kathleen Hochul, Governor of New York, et al.

Lower Court: Second Circuit
Docketed: 2023-01-09
Status: Denied
Type: Paid
Tags: 2nd-amendment civil-rights constitutional-rights dealer firearms firearms-regulation government-overreach licensing-scheme natural-resources-defense-council second-amendment standing winter-standard
Key Terms:
AdministrativeLaw SocialSecurity SecondAmendment DueProcess FifthAmendment Securities JusticiabilityDoctri
Latest Conference: 2023-04-21
Question Presented (from Petition)

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?

Question Presented (AI Summary)

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?

Docket Entries

2023-04-24
Petition DENIED.
2023-04-05
DISTRIBUTED for Conference of 4/21/2023.
2023-04-04
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
2023-04-03
2023-03-29
Brief of respondents Kathleen Hochul, Governor of New York, et al. in opposition filed.
2023-03-06
Motion to extend the time to file a response is granted in part and the time is extended to and including March 29, 2023.
2023-03-03
Motion to extend the time to file a response from March 10, 2023 to April 10, 2023, submitted to The Clerk.
2023-02-07
Motion to extend the time to file a response is granted and the time is extended to and including March 10, 2023.
2023-02-06
Response of Nadine Gazzola, et al. to motion submitted.
2023-02-06
Motion to extend the time to file a response from February 8, 2023 to March 10, 2023, submitted to The Clerk.
2023-01-18
Application (22A591) for writ of injunction presented to Justice Sotomayor and by her referred to the Court is denied.
2023-01-18
Application (22A591) referred to the Court.
2023-01-12
Reply of applicant Nadine Gazzola, et al. filed.
2023-01-11
Response to application from respondent Kathleen Hochul, et al. filed.
2023-01-04
Petition for a writ of certiorari filed. (Response due February 8, 2023)
2023-01-03
Response to application (22A591) requested by Justice Sotomayor, due by 4 p.m. (EST), on Wednesday, January 11, 2023.
2022-12-29
Application (22A591) for writ of injunction, submitted to Justice Sotomayor.

Attorneys

Kathleen Hochul, et al.
Barbara Dale UnderwoodSolicitor General, Respondent
Nadine Gazzola, et al.
Paloma Appolonia CapannaPaloma A. Capanna, Petitioner