Updates in Two Second Circuit Cases in Today’s FPC Daily 2A Legal Update

7/28/21

In today’s FPC legal update, we have updates in two cases from the Second Circuit (which is comprised of New York, Connecticut, and Vermont).


Syracuse v. ATF

Issue: “Firearm” definition

Court: Second Circuit

Action: Reply brief

In this lawsuit, gun control groups and cities sued the ATF, attempting to redefine so-called “80% receivers” as firearm receivers. FPC responded by filing a motion to intervene in the lawsuit, but it was denied by the district court judge. The denial is now being appealed to the Second Circuit, where FPC filed a reply brief arguing that “the Executive Branch as a whole, including the DOJ and ATF, has shown a changing position toward the [Gun Control Act] and the definition of ‘firearm’—moving away from its longstanding position and toward the inappropriate regulation of the objects at issue sought by [the cites and groups].” The court will now decide whether to hear oral arguments in this case.


CCDL v. Lamont

Issue: Gun licenses

Court: Second Circuit

Action: Opinion

In this lawsuit, Connecticut appealed the preliminary injunction (PI) issued by a district court judge after the state simultaneously required fingerprinting for gun permits while allowing police to stop collecting them. Without getting to the merits of the lawsuit, the court ruled that “the district court had no jurisdiction to issue” the injunction because “with respect to the individual plaintiffs, the PI motion became moot in the district court” and “CCDL lacked organizational standing.” The Plaintiffs in this lawsuit can now choose to file an en banc petition (which asks the entire Second Circuit to hear the case) or appeal to the Supreme Court, although neither of them are required to take up the case.


 





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