SAF, FPC file for injunction to block NYC permitting rules

(AP Photo/Eric Gay, File)

Following the Bruen decision, we now know that New York City’s permitting requirements are officially unconstitutional. The decision doesn’t just apply to the Big Apple, it was specifically about the city’s rules.

And yet, it seems New York City is still enforcing that particular law.

So, it’s unsurprising that the Second Amendment Foundation (SAF) and the Firearms Policy Coalition (FPC) have gone to court over it.

They’ve filed a motion for injunction to block the enforcement of the unconstitutional rules.

The two groups released separate statements about the motion.

From the SAF:

BELLEVUE, WA – Based on the ruling by the U.S. Supreme Court striking down New York State’s unconstitutional “good cause” requirement for concealed carry permit applicants, the Second Amendment Foundation today filed a preliminary injunction motion seeking to enjoin the City of New York from further enforcement of its long-standing permit regulations.

Joining SAF in this legal action are the Firearms Policy Coalition, Inc. and five private citizens. The motion was filed in U.S. District Court for the Southern District of New York. Plaintiffs are represented by attorney David D. Jensen of Beacon, N.Y. In addition to the City of New York, Police Commissioner Dermot Shea is named as a defendant in his official capacity.

“In light of the Supreme Court’s ruling that New York State’s ‘good cause’ mandate is unconstitutional, we felt compelled to file this action because the city’s ‘proper cause’ requirement is just as bad if not worse,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Two of our plaintiffs previously held carry licenses in New York City for decades, but in 2020, both were denied renewal on the grounds they lacked ‘proper cause’.”

Gottlieb said the perpetuation of this requirement in the aftermath of the high court’s ruling in New York State Rifle & Pistol Association v. Bruen is an affront to the Constitution and an insult to the Court, not to mention the good citizens of New York City who should no longer need to demonstrate some special need in order to exercise a fundamental right.

“The City adopted this restrictive and completely arbitrary regulation more than a hundred years ago,” Gottlieb observed, “and we should not have to drag the city kicking and screaming into the 21st Century, and into compliance with the Second Amendment and the recent Supreme Court ruling.

“After all,” he noted, “within 24 hours of the high court ruling, both New Jersey and California, which have similar requirements to the New York ‘good cause’ restriction, issued directives to law enforcement to stop enforcing those provisions. If states can immediately comply with the Supreme Court, New York City has absolutely no excuse for ignoring the Bruen ruling. We promised to take action if we found local governments refusing to comply with the court’s decision. We meant it.”

And now a word from the FPC:

NEW YORK, NY (June 29, 2022) – Today, Firearms Policy Coalition (FPC) announced the filing of a motion for preliminary injunction in its federal Second Amendment lawsuit challenging the laws that prevent individuals from carrying a loaded handgun on their person for self-defense in New York City. The motion, along with other case documents in Greco v. City of New York, can be viewed atFPCLegal.org.
“The Supreme Court has now explicitly held that the Second Amendment ‘protect[s] an individual’s right to carry a handgun for self-defense outside the home,’ and it has further ruled that the ‘proper cause’ requirement is unconstitutional ‘in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.’,” the motion says. “The short of it is that, but for Defendants’ use of the unconstitutional ‘proper cause’ standard, each Plaintiff would have a valid license to carry handguns in New York City right now.”
“It’s high time the people have their rights respected,” said FPC Policy Counsel Matthew Larosiere, “New Yorkers have been suffering second-class treatment at the hands of an oppressive government for too long. With the Supreme Court pointing to the Second Amendment’s ‘unqualified command,’ we hope to finally liberate the people from these absurd restrictions on their natural right to keep and bear arms.”

The truth of the matter is that, as SAF noted, states like California and New Jersey were quick to state that the “good cause” requirement can no longer be enforced. They didn’t want to, I’m sure, but if we are to even pretend to be a nation of laws rather than a nation of men, then the Court’s ruling must be respected.

New York City isn’t respecting it.

They can’t even pretend that the ruling didn’t apply to them since the entire case was about their law in particular.

So why are they not doing what they’re supposed to do? Honestly, I don’t see what their endgame here is. There isn’t an avenue to appeal the ruling. They can’t hope federal lawmakers will pass something that will allow them to continue enforcing the regulation. There’s absolutely nothing for them to gain here. Nothing at all.

I have little doubt that an injunction will be granted. How could it not? The ruling was quite specific that a “good cause” requirement is unconstitutional. Even if the judge doesn’t want to grant the injunction, he either follows the law or he doesn’t. If he decides to ignore the court’s decision, I have little doubt the SAF and FPC will be happy to take it to the next court up the chain.

There’s no version of this that doesn’t end up in an injunction.

New York City doesn’t have to do this. The city is choosing to do this, and that should tell you all you need to know about how they view your Second Amendment rights.