N.Y.S. Rifle & Pistol Ass'n, Inc. v. Beach
N.Y.S. Rifle & Pistol Ass'n, Inc. v. Beach
Opinion of the Court
*145I. INTRODUCTION
Plaintiffs New York State Rifle & Pistol Association, Inc. ("NYSRPA"), Robert Nash, and Brandon Koch (together with Nash, the "Individual Plaintiffs") bring this action under
II. BACKGROUND
A. Firearm Regulations in New York State
New York law generally prohibits the possession of a firearm
*146and refer to those licenses as "restricted licenses." (Id. ¶ 19). These licenses "allow the licensee to carry a firearm only when engaged in those specified activities" but do not "permit the carrying of a firearm in public for the purpose of self-defense." (Id. ). Licensing officers have "some discretion in determining what constitutes 'proper cause,' " but "this discretion is cabined by the significant body of New York case-law." (Id. ¶ 20). Under that caselaw, the applicant must "demonstrate a special need for self-protection distinguishable from that of the general community" to satisfy the proper cause standard. (Id. ).
B. Plaintiff NYSRPA
Plaintiff NYSRPA "has at least one member" who "would forthwith carry a firearm outside the home for self-defense," but the member(s) cannot "satisfy the 'proper cause' requirement." (Id. ¶ 40). NYSRPA is "organized to support and defend the right of New York residents to keep and bear arms." (Id. ¶ 12). The New York firearm regulations limiting the "public carrying of firearms" is a direct "affront to [its] central mission." (Id. ). Both Nash and Koch are members of NYSRPA. (Id. ).
C. Plaintiffs Robert Nash and Brandon Koch
Plaintiffs Nash and Koch do not fall within any exception under New York Penal Law § 265.20 to New York's ban on carrying firearms in public. (Id. ¶¶ 22, 31). While they meet many of the statutory requirements to obtain a handgun carry license under New York Penal Law § 400.00, (id. ¶¶ 23, 32), Nash and Koch do not satisfy the "proper cause" requirement because they do not "face any special or unique danger to [their] life" nor are they "entitled to a Handgun Carry License by virtue of [their] occupation, pursuant to Penal Law § 400.00(2)(b)-(e)." (Id. ¶¶ 24, 33). Instead, Nash and Koch "desire to carry a handgun in public for the purpose of self-defense." (Id. ).
On or about September 2014, Plaintiff Nash "applied to the Licensing Officer ... for a license to carry a handgun in public"; his application was granted on March 12, 2015, but he was "issued a license marked 'Hunting, Target only.' " (Id. ¶ 25). Nash's license does not permit him to "carry a firearm outside of his home for the purpose of self-defense." (Id. ¶ 26). On September 5, 2016, Nash requested that the licensing officer, Defendant McNally, "remove the 'hunting and target' restrictions from his license and issue him a license allowing him to carry a firearm for self-defense." (Id. ¶ 27). In support of his request, Nash "cited a string of recent robberies in his neighborhood and the fact that he had recently completed an advanced firearm safety training course." (Id. ). On November 1, 2016, "after an informal hearing, Defendant McNally denied Mr. Nash's request." (Id. ¶ 28). McNally denied the request because Nash "failed to show 'proper cause' to carry a firearm in public for the purpose of self-defense, because he did not demonstrate a special need for self-defense that distinguished him from the general public." (Id. ¶ 29). Currently, Nash "refrain[s] from carrying a firearm outside the home for self-defense" but "would carry a firearm in public for self-defense in New York were it lawful for him to do so." (Id. ¶ 30).
Plaintiff Koch "was granted a license to carry a handgun in public by the Licensing Officer" in 2008. (Id. ¶ 34). The license, however, was "marked 'Hunting & Target' "; Koch is therefore unable "to carry a firearm outside of his home for the purpose of self-defense." (Id. ¶¶ 34-35). In November 2017, Koch requested that Defendant McNally "remove the 'hunting and *147target' restrictions from his license and issue him a license allowing him to carry a firearm for self-defense." (Id. ¶ 36). Koch cited "his extensive experience in the safe handling and operation of firearms and the many safety training courses he had completed" in support of his request. (Id. ). On January 16, 2018, McNally denied Koch's request because he "failed to show 'proper cause' to carry a firearm in public for the purpose of self-defense, because he did not demonstrate a special need for self-defense that distinguished him from the general public." (Id. ¶¶ 37-38). Koch "continues to refrain from carrying a firearm outside the home for self-defense" but "would carry a firearm in public for self-defense in New York were it lawful for him to do so." (Id. ¶ 39).
III. STANDARD OF REVIEW
To survive a motion to dismiss under Rule 12(b)(6), "a complaint must provide 'enough facts to state a claim to relief that is plausible on its face.' " Mayor & City Council of Balt. v. Citigroup, Inc. ,
IV. DISCUSSION
A. Standing
Defendants argue that NYSRPA lacks standing to bring this case on behalf of the Individual Plaintiffs. "For federal courts to have jurisdiction over" a party's asserted claims, however, "only one named plaintiff need have standing with respect to each [of those] claims." Comer v. Cisneros ,
B. Kachalsky v. County of Westchester
Defendants move to dismiss Plaintiffs' claims on the grounds that Plaintiffs' Second Amendment
*148In Kachalsky , the court held that "New York's handgun licensing scheme ... requiring an applicant to demonstrate 'proper cause' to obtain a license to carry a concealed handgun in public" did not violate the Second Amendment.
Here, Plaintiffs' constitutional challenge to New York Penal Law § 400.00(2)(f) is virtually identical to that in Kachalsky ,
Accordingly, because the Second Circuit has expressly upheld the constitutionality of New York State Penal Law § 400.00 (2)(f), Plaintiffs' claims must fail. Plaintiffs *149acknowledge that "the result they seek is contrary to Kachalsky ," (Dkt. No. 31, ¶ 6), do not dispute that the precedential effect of its holding binds this Court, and have not advanced any other factual allegations suggesting legally plausible claims. The Amended Complaint must therefore be dismissed. See United States v. Diaz ,
V. CONCLUSION
For these reasons, it is hereby
ORDERED that Defendants' motion to dismiss (Dkt. No. 19) is GRANTED ; and it is further
ORDERED that the Amended Complaint (Dkt. No. 31) is DISMISSED with prejudice ;
ORDERED that the Clerk of Court is respectfully directed to close this case.
IT IS SO ORDERED.
The Court granted Plaintiffs' motion for leave to amend the original complaint on May 16, 2018. (Dkt. No. 30). By agreement of the parties, the Amended Complaint (Dkt. No. 31) was substituted as the operative pleading without need to refile the instant motion (Dkt. No. 19), or any of the subsequently-filed briefs, (Dkt. Nos. 25, 26, 27). See Cangemi v. United States ,
All facts, which are taken from the Amended Complaint and exhibits attached thereto, are assumed to be true for purposes of this motion. Faber v. Metro. Life Ins. Co. ,
A "firearm" is defined as "(a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon."
As Plaintiffs allege, "the Second Amendment applies to Defendants," (Dkt. No. 31, ¶ 46), because the "the Fourteenth Amendment 'incorporates' the Second Amendment against the states." N.Y. State Rifle & Pistol Ass'n v. Cuomo ,
The Court notes that the Second Circuit has expressly reaffirmed its reasoning in Kachalsky since Wrenn was decided. See N.Y. State Rifle & Pistol Ass'n v. City of New York ,
Plaintiffs have not sought leave to further amend the Amended Complaint. Even if they had, "an amendment is not warranted absent some indication as to what [a plaintiff] might add to [his] complaint in order to make it viable." Horoshko v. Citibank, N.A. ,
Reference
- Full Case Name
- NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC. Robert Nash and Brandon Koch v. George P. BEACH II, in His Official Capacity as Superintendent of the New York State Police and Richard J. McNally, Jr., in His Official Capacity as Justice of the New York Supreme Court, Third Judicial District, and Licensing Officer for Rensselaer County
- Cited By
- 5 cases
- Status
- Published