The following prayer for relief is being asked for in this case:

• A judicial declaration that requiring individuals to pay money to the government for permission to possess and carry firearms violates the Second and Fourteenth Amendments;
• In the alternative, a judicial declaration that the requirement that an applicant and/or licensee pay more than a nominal fee to apply for and/or renew a handgun license violates the Second and Fourteenth Amendments;
• A judicial declaration that 38 RCNY 5-22(a)(7), (8), (9), and (10) violate the Second and Fourteenth Amendments;
• A judicial declaration that the provision 38 RCNY 5-25 violates the Second and Fourteenth Amendments;
• A judicial declaration that NYC Administrative Code 10-302.1(a)-(e) violates the Second and Fourteenth Amendments;

• The permanent injunction of 38 RCNY 5-22(a)(7), (8), (9), (10), 38 RCNY 5-25, and NYC Administrative Code 10-302.1(a)-(e);

Fees

§ 5-22 Conditions of Issuance.

(7) If the licensee has a "Carry" or "Special Carry" type license only one (1) handgun may be carried on their person at any time.

(8) The licensee is authorized to own only the handgun(s) that are listed on their license.

(9) The licensee shall not purchase or replace a handgun prior to obtaining written permission from the Division Head, License Division (see Handgun Purchase Authorizations).

(10) A handgun may be replaced or purchased only by requesting permission in writing from the Division Head, License Division.

§ 5-25 Handgun Purchase Authorizations and Safety Locking Device Requirements.

§ 10-302.1 Preventing the diversion of firearms, rifles and shotguns to criminals.

a. No dealer in firearms and no dealer in rifles and shotguns shall: (i) sell or otherwise dispose of more than one firearm or more than one rifle or shotgun to any individual as part of the same sales transaction; or (ii) sell or otherwise dispose of a rifle or shotgun to any individual if the dealer knows or should know that such individual has purchased a rifle or shotgun within the prior ninety days, or (iii) sell or otherwise dispose of a firearm to any individual if the dealer knows or should know that such individual has purchased a firearm within the prior ninety days.

b. No person shall acquire a firearm if such person has acquired a firearm within the previous ninety days. No person shall acquire a rifle or shotgun if such person has acquired a rifle or shotgun within the previous ninety days. For purposes of this subdivision when a firearm, rifle or shotgun is acquired by a corporation, partnership, or other entity, it shall be considered to have been acquired by each natural person who is an officer, director or other principal of such entity, unless the firearm, rifle or shotgun is acquired on behalf of such entity by a person who is licensed by the commissioner as gun custodian or special gun custodian, or acquired on behalf of an organization possessing an organization registration certificate, as those terms are used in title thirty-eight of the rules of the city of New York.

c. Before disposing of any firearm, rifle or shotgun to a person licensed by the commissioner to possess firearms, rifles or shotguns, any dealer in firearms, dealer in rifles and shotguns or other person shall contact the police department to ensure compliance with the requirements of this section.

d. Any dealer in firearms, dealer in rifles and shotguns or other person who disposes of any firearm, rifle or shotgun to a person licensed by an authority other than the commissioner to possess firearms, rifles or shotguns shall make reasonable efforts to contact such licensing authority and to ascertain the most recent date of acquisition by such licensee of a firearm, in the case of disposition of a firearm, or of a rifle or shotgun, in the case of disposition of a rifle or shotgun.

e. Any dealer in firearms or dealer in rifles or shotguns who disposes of any firearm, rifle or shotgun shall, before or at the time of disposing of such firearm, rifle or shotgun, record, in the record book required to be kept by subdivision n of section 10-302, the efforts made by such dealer to ensure compliance with the requirements of this section, any exception or exemption set forth in this section that such dealer reasonably believes would authorize the disposal of such firearm, rifle or shotgun, and the grounds for such dealer's belief that such exception or exemption applies.