GAZZOLA v. HOCHUL

Docket No. 22-3068-cv August Term, 2022.

88 F.4th 186 (2023)

Nadine GAZZOLA, individually, and as co-owner, President, and as BATFE Federal Firearms Licensee Responsible Person for Zero Tolerance Manufacturing, Inc., Seth Gazzola, individually, and as co-owner, Vice President, and as BATFE FFL Responsible Person for Zero Tolerance Manufacturing, Inc., John A. Hanusik, individually, and as owner and as BATFE FFL Responsible Person for d/b/a AGA Sales, Jim Ingerick, individually, and as owner and as BATFE FFL Responsible Person for Ingerick's LLC d/b/a Avon Gun & Hunting Supply, Christopher Martello, individually, and as owner and as BATFE FFL Responsible Person for Performance Paintball, Inc. d/b/a Ikkin Arms, Michael Mastrogiovanni, individually, and as owner and as BATFE FFL Responsible Person for Spur Shooters Supply, Robert Owens, individually, and as owner and as BATFE FFL Responsible Person for Thousand Islands Armory, Craig Serafini, individually, and as owner and as BATFE FFL Responsible Person for Upstate Guns and Ammo, LLC, Nick Affronti, individually, and as BATFE FFL Responsible Person for East Side Traders LLC, Empire State Arms Collectors Association, Inc., Plaintiffs-Appellants, v. Kathleen HOCHUL, in her official capacity as Governor of the State of New York, Dominick L. Chiumento, in his official capacity as the Acting Superintendent of the New York State Police, Rossana Rosado, in her official capacity as the Commissioner of the Department of Criminal Justice Services of the New York State Police, Leticia James, in her official capacity as the Attorney General of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 8, 2023.


Attorney(s) appearing for the Case

Paloma A. Capanna , Law Office of Paloma A. Capanna, Beaufort, NC, for Plaintiffs-Appellants.

Beezly J. Kiernan , Assistant Solicitor General ( Barbara D. Underwood , Jeffrey W. Lang , on the brief), for Letitia James , Attorney General of the State of New York, New York, NY, for Defendants-Appellees.

Before: Jacobs, Lynch, and Lee, Circuit Judges.


Plaintiff-Appellants are eight firearms and ammunition dealers, one firearms pawnbroker, and one business organization. They appeal from an order of the United States District Court for the Northern District of New York (Brenda K. Sannes, C.J.) denying their motion for preliminary injunctive relief. They argue that the district court...

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