No. 23-995

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

Lower Court: Second Circuit
Docketed: 2024-03-12
Status: Denied
Type: Paid
Tags: 2nd-amendment bruen-precedent civil-procedure constitutional-standing due-process firearms-regulation free-speech preliminary-injunction regulatory-overburden second-amendment standing takings
Latest Conference: 2024-06-13
Question Presented (from Petition)

Did the Second Circuit err in the Winter analysis of Petitioners' request for preliminary injunctive relief under Fed. R. Civ. P. 65, including (1.) when it adopted pre-Bruen scrutiny testing for Second Amendment claims effecting the core rights of individuals and of derivative claims on behalf of individuals; and/or (2.) when it failed to evaluate Petitioners' likelihood of success in their novel theory of "to keep" from "to keep and bear arms" as having independent constitutional value to protect federally-licensed dealers in firearms as measured by the standard of "constitutional regulatory overburden?"

Question Presented (AI Summary)

Did the Second Circuit err in the Winter analysis of Petitioners' request for preliminary injunctive relief under Fed. R. Civ. P. 65, including (1.) when it adopted pre-Bruen scrutiny testing for Second Amendment claims effecting the core rights of individuals and of derivative claims on behalf of individuals; and/or (2.) when it failed to evaluate Petitioners' likelihood of success in their novel theory of 'to keep' from 'to keep and bear arms' as having independent constitutional value to protect federally-licensed dealers in firearms as measured by the standard of 'constitutional regulatory overburden?

Docket Entries

2024-06-17
Petition DENIED.
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-24
2024-05-13
Brief of respondents Kathleen Hochul, Governor of New York, et al. in opposition filed.
2024-04-01
Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2024.
2024-03-29
Motion to extend the time to file a response from April 11, 2024 to May 13, 2024, submitted to The Clerk.
2024-03-29
Response to motion from petitioner filed.
2024-03-07
Petition for a writ of certiorari filed. (Response due April 11, 2024)

Attorneys

Kathleen Hochul, Governor of New York, et al.
Barbara Dale UnderwoodSolicitor General, Respondent
Nadine Gazzola, Individually, and as Co-Owner, President and as Batfe Federal Fire-Arms Licensee Responsible Person for Zero Tolerance Manufacturing Inc., et al.
Paloma Appolonia CapannaPaloma A. Capanna, Petitioner