Updates in NYC Carry License Appeals, 3D Printing and Under-21 Handgun Sale Cases in Today’s FPC Daily 2A Legal Update
6/17/21
In today’s FPC legal update, we have updates from two cases challenging NYC carry license denials, in addition to a case about 3D-printing and one about handgun sales to adults under-21.
Fata v. Shea and Qi v. Shea
Issue: Handgun carry licenses
Court: New York State Court
Action: Fata opinion, Qi opinion
Earlier this week, a judge in New York upheld the NYPD’s denial of a carry license application in two lawsuits. In the first lawsuit, the judge upheld the denial of a renewal application from the owner of a property management company, saying that the NYPD had a “rational basis” when it concluded that Mr. Fata lacked “proper cause” to carry. The court said that Mr. Fata “failed to substantiate any of his (many) alleged threats,” and that NYPD considers working in a high crime area to be “insufficient, by itself, to demonstrate a ‘special need for self protection.'”
In the second lawsuit, the same judge upheld the denial of a renewal application from a kung fu master and business owner, saying that NYPD had a “rational basis” for finding a lack “proper cause” when it determined that he “did not provide any evidence indicating that he was in personal danger due to the nature of his business” and “did not provide any documentation of any threats made against him due to the nature of his business and/or based on his status in the community.”
If the plaintiffs in either case choose to, the next step would be to file an appeal in the New York Supreme Court’s Appellate Division.
Defense Distributed v. Grewal
Issue: 3D-printed guns/files
Court: Fifth Circuit
Action: Brief of appellants
The plaintiffs filed an opening brief in this lawsuit involving 3D-printed guns/files, which argues that the district court should not have separated their claims against New Jersey from the rest of the lawsuit. The brief argues that the district court’s decision “constituted an extraordinary and clear abuse of discretion; and even if that were proper, the decision to transfer the case [to New Jersey] constituted an extraordinary and clear abuse of discretion as well.” The state will now have an opportunity to respond before the court makes a ruling in this case.
Issue: Under-21 handgun sales
Court: Western District of Louisiana
Action: Response to Motion to Dismiss or for Summary Judgment
A response to the government’s motion to dismiss was filed today in this FPC lawsuit challenging the federal ban on handgun sales by FFLs to adults under 21. The response argues that adults between the ages of 18 and 21 “are entirely excluded from the commercial market for handguns” despite being able to vote, enter contracts, marry, and serve in the military. The response also argues that “if the Ban’s relationship to the Government’s objectives in enforcing it against the entire 18-to-20-year-old population is bizarre, as applied to women, it is perverse” because “18-to-20-year-old women are disproportionately unlikely to commit violent crimes and disproportionately likely to be victims of violent crime.” The government will now have an opportunity to respond to the filing before the court makes a decision on it.