February 25, 2019

Action Alert:
Tell NYC to Take Preemptive Action in Supreme Court Gun Case


Update: On April 12, 2019, New York City filed a motion in the case of New York State Rifle & Pistol Association v. New York City informing the Supreme Court it would be repealing its firearm transportation regulation for licensees, allowing them to bring their weapons outside the city. The city asked the Court to indefinitely suspend the case, but the Justices rejected this request on April 29, 2019, saying the briefing process could go forward as NYC resolves a public comment/hearing process to repeal its gun law. Thanks to all those who have contacted the NYC mayor and police. Please keep those contacts coming and tell them to move with haste in repealing the gun regulation!


In January, the Supreme Court agreed to hear its first gun case of the Brett Kavanaugh era. New York State Rifle & Pistol Association v. New York City involves a regulation that forbids residents who have licensed firearms from transporting those weapons outside NYC  (licensees are allowed to take their guns to authorized shooting ranges and clubs within city limits). The plaintiff in the case—the NY affiliate of the National Rifle Association—claims NYC’s regulation is unconstitutional under the Second Amendment.

Westside Rifle & Pistol Range in Manhattan.

In 2018, the Second Circuit Court of Appeals upheld NYC’s regulation, noting it does not “substantially affect the exercise of core Second Amendment rights” (defined as self-defense with a firearm in the home by the Supreme Court in 2008’s DC. v. Heller). Nonetheless, the NRA is confident it now has the votes on the Supreme Court (with the Kavanaugh and Neli Gorsuch confirmations) to expand the scope of the Second Amendment so it guarantees a “right” to carry firearms in public, both openly and concealed. Such a legal precedent would protect George Zimmermans across the country and lead to more gun violence in schools, movie theaters, places of worship, and workplaces.

New York City has an option at its disposal that could lead to the dismissal of the NYSRPA v. NYC case. NYPD can repeal the regulation that prevents licensees from taking firearms outside city limits. If the department does so, the Supreme Court might decide to drop the case, as the plaintiffs’ stated grievance would be remedied.

Please contact NYC Mayor Bill de Blasio and NYPD Commissioner James O’Neill through one of the channels below and give them the following message, personalized to your liking:

The NYPD should repeal the regulation at the center of the New York State Rifle & Pistol Association v. New York City case before the Supreme Court. This regulation prevents NYC residents from transporting licensed firearms outside city limits and was put in place to protect the safety of the public. But if the five conservative Justices on the Supreme Court are allowed to rule in NYSRPA v. NYC it is likely they will pervert the meaning of the Second Amendment in ways that will doom much more important gun laws nationwide (including New York’s “May-Issue” system for concealed carry permits and sharp restrictions on the practice of open carry). I am asking you to serve the higher good and safeguard the greatest number of lives by repealing NYC’s firearms transportation regulation as soon as possible. Redress the stated grievance of the plaintiffs in NYSRPA v. NYC and give this Supreme Court a chance to drop the case before it is ever heard. You can then revise your policy to allow the transportation of firearms outside the city under reasonable restrictions. There can be no certainty in any decision you make, but given what we know about this current Supreme Court’s views on guns, moving forward with this case is too great a risk. Please, please do not gamble with the safety of New Yorkers and Americans by keeping NYC’s firearm transportation regulation in place. The District of Columbia learned this lesson the hard way in D.C. v. HELLER in 2008. Don’t make the same mistake they did. Play it smart and be proactive. Deny the conservative wing of the Court the opportunity to make it even harder for you to prevent gun violence in the future. Be our protectors in this critical moment. We are depending on you.

NYC Mayor Bill de Blasio
Phone: 212-NEW-YORK
Email: https://www1.nyc.gov/office-of-the-mayor/mayor-contact.page
Facebook: https://www.facebook.com/NYCMayor/
Twitter: https://twitter.com/nycmayor

NYPD Commissioner James P. O’Neill
Phone: (646) 610-6700
Email: https://www1.nyc.gov/site/nypd/about/about-nypd/email-the-commissioner.page
Facebook: https://www.facebook.com/NYPD/
Twitter: https://twitter.com/nypdoneill 

Sample Tweet: 

.@nycmayor & @nypdoneill, plz repeal NYC’s gun transport reg in NYSRPA v. NYC. Save lives by denying conservative wing of SCt chance to strike down more important gun laws. #GunReformNow

After you contact Mayor de Blasio and/or Commissioner O’Neill, click the orange banner at the top of this page to report your action!


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