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OSTERWEIL v. BARTLETT

No. 11-2420-CV.

706 F.3d 139 (2013)

Alfred G. OSTERWEIL, Plaintiff-Appellant, v. George R. BARTLETT, III, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 29, 2013.

Attorney(s) appearing for the Case

Paul D. Clement , Bancroft PLLC, Washington, D.C. ( D. Zachary Hudson , Bancroft PLLC, Washington, D.C.; Daniel L. Schmutter , Greenbaum, Rowe, Smith & Davis LLP, Woodbridge, NJ, on the brief), for Plaintiff-Appellant.

Simon Heller , Assistant Solicitor General, New York State Office of the Attorney General, New York, NY, for Defendant-Appellee.

Before: JACOBS, Chief Judge, WALKER, Circuit Judge, and O'CONNOR, U.S. Supreme Court Justice (Ret.).

O'CONNOR, Supreme Court Justice (Ret.):

This case asks us to evaluate the constitutionality of certain aspects of New York's handgun licensing regime. As we explain, we believe we should not reach that question before certifying a predicate question of state law to the New York Court of Appeals.

I

Appellant Alfred Osterweil applied for a handgun license in May 2008. Following the directions of New York Penal Law § 400.00(3)(a), he applied for...

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