Initial Legal Proceedings
Initially, the emergency application to halt the permit requirements was submitted to Supreme Court Justice Sonia Sotomayor, who is responsible for the Second Circuit. However, Justice Sotomayor denied the application. The plaintiffs then resubmitted the application to Justice Clarence Thomas, who referred it to the full court for consideration. This significant step means the case will be reviewed in a Supreme Court conference.
The Bruen Precedent
The plaintiffs’ argument hinges on the precedent set by the Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen. In Bruen, the Court struck down New York’s “proper cause” requirement for concealed carry permits, stating it violated the Second and Fourteenth Amendments. The plaintiffs assert that the current permit requirements for purchasing and possessing rifles and shotguns are similarly unconstitutional.
Legal Arguments
The case, officially titled Joseph Srour v. City of New York, challenges the constitutionality of New York City’s discretionary licensing scheme. The district court previously granted a permanent injunction against the “good moral character” requirement, ruling it improper. However, the city appealed, and the Second Circuit granted a stay on the injunction, allowing the permit requirements to remain in effect pending appeal.
Implications of the Supreme Court Review
If the Supreme Court rules in favor of the plaintiffs, it could lead to a nationwide end to discretionary firearm permit requirements. Such a decision would affirm that individuals have the right to purchase and possess firearms without arbitrary restrictions imposed by local authorities.
