12/04/2024 - Mills v. NYC Update & Dismissal

On 12/04/2024, Judge Jed S. Rakoff dismissed our lawsuit against New York City that challenged a plethora of NYC’s firearm licensing & regulatory aspects. We challenged the following items:

  • Excessive permitting costs

  • Administrative restrictions on the number of handguns which can be registered on a concealed carry license

  • Administrative restrictions on the number of handguns which may be carried at any one time

  • Administrative restrictions on the number of handguns which may be purchased in a given period (1-in-90)

  • Administrative requirements to seek authorization from the NYPD to purchase a handgun

  • The requirement to register your handguns

We will discuss the details below, but while this has been a dismissal, it was still a minor victory, with us still continuing forward with this lawsuit on appeal.

The main takeaway in terms of victories so far is that the NYPD has rescinded its policy of only allowing two handguns on their concealed carry licenses and we have confirmed that it is no longer in effect. With this forced change in policy, we have effectively halved the taxes the NYPD will be getting from the licensing scheme as there is no reason to renew or apply for a premise permit any longer if you ever intend to carry outside the home.

The court discuss standing:

The courts claim a few things, specifically:

  • Because we are able to obtain a purchase authorization, we do not have standing to challenge the authorization aspect of the case

  • We do have standing to challenge the 1-in-90 rule due to the third party standing rule from FDA v. All for Hippocratic Med.

  • We do have standing to challenge the limitation on the number of handguns on a concealed carry license.

Oddly enough, they did not opine on the other aspects of the lawsuit when it came to standing.

The motion to dismiss:

Unfortunately, the lawsuit was dismissed, with prejudice. That said we will be appealing due to several issues in this decision including the lack of response on several issues. While this is a setback for us, this was completely possible and we expected it. Any challenges to NYC’s firearm regulation scheme is fighting an upwards battle, and with god and the constitution on our side we will win eventually.

Our lawsuit:

If you want to read about the lawsuit, you can check the link below:

If you read this, and want to donate, you can check out the links here:

As a reminder, all payments you make on this website have a set percentage that go towards free classes for those who can’t afford them, as well as towards our lawsuits. We do recommend you check out our classes here:

“Democratical States must always feel before they can see: it is this that makes their Governments slow – but the people will be right at last.” George Washington

The direct text from the decision can be read below:


Previous
Previous

LaMarco v. Suffolk Major Win Update

Next
Next

Court Ruling in LaMarco v. Suffolk Changes CCW Permit Process for Applicants with Mentally Ill Cohabitants