New York State Firearms Association, et al. v. Steven G. James, et al.

Buffalo, New York, civil rights lawyers represented the Plaintiff seeking an injunction.



The New York State Firearms Association ("NYSFA”), George Borrello, David DiPietro, William Ortman, and Aaron Dorr filed a motion seeking a preliminarily enjoin the enforcement of provisions of New York's Concealed Carry Improvement Act ("CCIA”) that require an ammunition seller to (1) conduct a background check on a prospective purchaser of ammunition prior to the sale, (2) pay a $2.50 fee for each background check conducted, and (3) register with the Defendant-Appellee Superintendent of the New York State Police ("Superintendent”) (collectively, the "ammunition background check provisions”). The district court first determined that, although NYSFA lacked associational standing, the individual plaintiffs had standing to challenge the ammunition background check provisions under the Second Amendment. It then

concluded that Plaintiffs were unlikely to succeed on the merits of their Second Amendment challenges because, under the second step of the framework set forth in New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 597 U.S. 1 (2022), the government demonstrated that the ammunition background check provisions were consistent with the Nation's historical tradition of firearm regulation. On appeal, Plaintiffs argue that the district court erred in determining that NYSFA lacked standing. As to the merits, Plaintiffs contend that the district court erred in concluding that the CCIA's ammunition background check provisions were consistent with our Nation's historical tradition of firearm regulation. For his part, the Superintendent argues that the district court incorrectly found that the individual plaintiffs had standing.

Motion denied.



Affirmed