NEW YORK STATE RIFLE & PISTOL ASS'N, INC. v. CUOMO

Nos. 14-36-cv (Lead); 14-37-cv (XAP), 14-319-cv.

804 F.3d 242 (2015)

NEW YORK STATE RIFLE AND PISTOL ASSOCIATION, INC., Westchester County Firearms Owners Association, Inc., Sportsmen's Association For Firearms Education, Inc., New York State Amateur Trapshooting Association, Inc., Bedell Custom, Beikirch Ammunition Corporation, Blueline Tactical & Police Supply, LLC, Batavia Marine & Sporting Supply, William Nojay, Thomas Galvin, Roger Horvath, Plaintiffs-Appellants-Cross-Appellees, v. Andrew M. CUOMO, in his official capacity as Governor of the State of New York, Eric T. Schneiderman, in his official capacity as Attorney General of the State of New York, Joseph A. D'Amico, in his official capacity as Superintendent of the New York State Police, Defendants-Appellees-Cross-Appellants, Gerald J. Gill, in his official capacity as Chief of Police for the Town of Lancaster, New York, Lawrence Friedman, Defendants-Appellees, Frank A. Sedita, III, in his official capacity as District Attorney for Erie County, Defendant. The Connecticut Citizens' Defense League, The Coalition of Connecticut Sportsmen, June Shew, Rabbi Mitchell Rocklin, Stephanie Cypher, Peter Owens, Brian McClain, Andrew Mueller, Hiller Sports, LLC, Md Shooting Sports, LLC, Plaintiffs-Appellants, v. Dannel P. Malloy, in his official capacity as Governor of the State of Connecticut, Kevin T. Kane, in his official capacity as Chief State's Attorney of the State of Connecticut, Dora B. Schriro, in her official capacity as Commissioner of the Connecticut Department of Emergency Services and Public Protection, David I. Cohen, in his official capacity as State's Attorney for the Stamford/Norwalk Judicial District, Geographical Areas Nos. 1 and 20, John C. Smriga, capacity as State's Attorney for the Waterbury Judicial District, Geographical Area No. 4, Kevin D. Lawlor, in his official capacity as State's Attorney for the Ansonia/Milford Judicial District, Geographical Areas Nos. 5 and 22, Michael Dearington, in his official capacity as State's Attorney for the New Haven Judicial District, Geographical Area Nos. 7 and 23, Peter A. McShane, in his official capacity as State's Attorney for the Middlesex Judicial District, Geographical Area No. 9, Michael L. Regan, in his official capacity as State's Attorney for the New London Judicial District, Geographical Area Nos. 10 and 21, Patricia M. Froehlich, Gail P. Hardy, in her official capacity as State's Attorney for the Hartford Judicial District, Geographical Areas Nos. 12, 13, and 14, Brian Preleski, in his official capacity as State's Attorney for the New Britain Judicial District, Geographical Area Nos. 15 and 17, David Shepack, in his official capacity as State's Attorney for the Litchfield Judicial District, Geographical Area No. 18, Matthew C. Gedansky, in his official capacity as State's Attorney for the Tolland Judicial District, Geographical Area No. 19, Stephen J. Sedensky III, in his official capacity as State's Attorney for the Danbury Judicial District, Geographical Area No. 3, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 19, 2015.


Attorney(s) appearing for the Case

David Thompson , Charles J. Cooper , Peter A. Patterson , Cooper & Kirk, PLLC, Washington DC, and Brian T. Stapleton , Matthew S. Lerner , Goldberg Segalla LLP, White Plains, N.Y., Stephen P. Halbrook , Fairfax, VA, for Plaintiffs-Appellants.

Barbara D. Underwood , Solicitor General of the State of New York ( Anisha S. Dasgupta , Claude S. Platton , Office of the Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General for the State of New York, New York, N.Y., for Defendants-Appellees-Cross-Appellants Andrew M. Cuomo, et al.

Maura B. Murphy Osborne , Assistant Attorney General of the State of Connecticut ( Perry Zinn Rowthorn , Michael K. Skold , Gregory T. D'Auria , Office of the Attorney General, on the brief), for George Jepsen, Attorney General of the State of Connecticut, Hartford, CT, for Defendants-Appellees Dannel P. Malloy, et al.

Before: CABRANES, LOHIER, and DRONEY, Circuit Judges.


Before the Court are two appeals challenging gun-control legislation enacted by the New York and Connecticut legislatures in the wake of the 2012 mass murders at Sandy Hook Elementary School in Newtown, Connecticut. The New York and Connecticut laws at issue prohibit the possession of certain semiautomatic ...

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