KWONG v. BLOOMBERG

Docket No. 12-1578-cv.

723 F.3d 160 (2013)

Shui W. KWONG, George Greco, Glenn Herman, Nick Lidakis, Timothy S. Furey, Daniela Greco, Nunzio Calce, Second Amendment Foundation, Inc., New York State Rifle & Pistol Association, Inc., Plaintiffs-Appellants, v. Michael BLOOMBERG, in his official capacity as Mayor of the City of New York, City of New York, Defendants-Appellees, Attorney General of the State of New York, Intervenor-Appellee, Eric T. Schneiderman, in his official capacity as Attorney General of the State of New York, Defendant.

United States Court of Appeals, Second Circuit.

Decided: July 9, 2013.


Attorney(s) appearing for the Case

David D. Jensen , David Jensen PLLC, New York, NY, for Plaintifs-Appellants.

Susan Paulson ( Francis F. Caputo , Michelle Goldberg-Cahn , on the brief), for Michael A. Cardozo , Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellees.

Simon Heller ( Barbara D. Underwood , Richard Dearing , on the brief), for Eric T. Schneiderman , Attorney General of the State of New York, New York, NY, for Intervenor-Appellee.

Judge WALKER concurs in the judgment of the Court in a separate opinion.


JOSÉ A. CABRANES, Circuit Judge:

New York State Penal Law § 400.00(14) permits New York City (and Nassau County) to set and collect a residential handgun licensing fee that exceeds the maximum fee allowable under state law in other parts of New York State. Currently, the cost to obtain a residential handgun license in New York City is $340 for a license which lasts for three years. N.Y.C. Admin. Code § 10-131(a)(2); 38 RCNY § 5-28 (requiring renewal...

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