LIBERTARIAN PARTY OF ERIE COUNTY v. CUOMO

Docket No. 18-386 August Term, 2018.

970 F.3d 106 (2020)

LIBERTARIAN PARTY OF ERIE COUNTY, Michael Kuzma, Richard Cooper, Ginny Rober, Philip M. Mayor, Michael Rebmann, Edward L. Garrett, David Mongielo, John Murtari, and William A. Cuthbert, Plaintiffs-Appellants, v. Andrew M. CUOMO, individually and as Governor of the State of New York, Letitia James, individually and as Attorney General of the State of New York, Joseph A. D'Amico, individually and as Superintendent of the New York State Police, Matthew J. Murphy, III, individually and as Niagara County pistol permit licensing officer, Dennis M. Kehoe, individually and as Wayne County pistol permit licensing officer, and M. William Boller, individually and as Erie County pistol permit licensing officer, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 11, 2020.


Attorney(s) appearing for the Case

JAMES OSTROWSKI , Buffalo, New York, for Plaintiffs-Appellants.

ANISHA S. DASGUPTA , Deputy Solicitor General, New York, New York ( Barbara D. Underwood , Attorney General of the State of New York, Amit R. Vora , Assistant Solicitor General, New York, New York, on the brief), for Defendants-Appellees.

Morrison & Foerster, New York, New York ( Jamie A. Levitt , Jayson L. Cohen , Rhiannon N. Batchelder , New York, New York; Hannah Shearer , San Francisco, California, J. Adam Skaggs , David M. Pucino , Giffords Law Center to Prevent Gun Violence, New York, New York, of counsel), filed a brief for Amicus Curiae Giffords Law Center to Prevent Gun Violence, in support of Defendants-Appellees and Affirmance.

Clarick Gueron Reisbaum, New York, New York ( Nicole Gueron , Ashleigh Hunt , New York, New York, of counsel), filed a brief for Amicus Curiae Everytown for Gun Safety, in support of Defendants-Appellees and Affirmance.

Before: KEARSE, WALKER, and JACOBS, Circuit Judges.


Plaintiffs Libertarian Party of Erie County ("Libertarian Party") et al. appeal from a judgment of the United States District Court for the Western District of New York, Frank P. Geraci, Jr., Chief Judge, dismissing, pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), their amended complaint brought under 42 U...

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