The US Court of Appeals for the Second Circuit dismissed a civil suit on Monday challenging New York City’s rifle permit law.
The case concerned New York City resident Joseph Srour, who was denied permits to possess rifles and shotguns in his home by the New York Police Department (NYPD) in 2019, due to his “poor moral judgment.” At the beginning of 2022, Srour sued the city and the NYPD commissioner claiming that N.Y.C Admin. Code § 10-303(a)(2) and § 10-303(a)(9) were facially unconstitutional for being “improperly discretionary and permissive,” and requested that the subsections be barred from enforcement. The subsections allow permit denial based on moral character or other good cause and give the NYPD and its Commissioner authority over the permit process.
In late 2022, the trial court granted summary judgment to Srour and prohibited the enforcement of the challenged subsections. However, this ruling did not consider the NYPD’s newly amended regulations enacted that same day, which clarified “good moral character” and eliminated the “good cause” option for denial. After reapplying for the permit, Srour sued the defendants again in October 2023, alleging the NYPD’s amendments were unconstitutional, and predicting a denial. However, the NYPD issued the permit and appealed the initial ruling, arguing it was moot due to the permit issuance.
The court concurred with the defendants, noting that Article III of the US Constitution limits federal jurisdiction to “cases and controversies,” necessitating an actual legal violation to be adjudicated while a lawsuit is ongoing. Since the NYPD’s issuance of the permit resolved Srour’s claim of a legal right violation, the court deemed his case moot. Srour argued that his case fell under the exception for “an alleged wrongdoer’s voluntary cessation of a disputed action.” However, the court found this exception inapplicable, as it requires a “no ‘reasonable expectation’ the action will recur,” which was not demonstrated. The court further highlighted that according to N.Y.C. Admin. Code § 10-303(f) “the permit is subject to automatic renewal every three years, and is subject to investigation only if ‘the police commissioner has reason to believe that the status of the applicant has changed.'” It further supported its finding by noting that Srour’s permit was issued under new policies aligned with the NYPD’s amended regulations and dismissed concerns about future permit loss due to potential legal violations or arrests, emphasizing that courts generally presume future compliance with the law by litigants.
The NYPD had previously amended its regulation of § 10-303(a) in response to the US Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen made on June 23, 2022, striking down a New York state gun regulation requiring permit appliers to show “proper cause” for self-defense, finding it was not rooted in the historical tradition of the United States.
