Summary
The United States Court of Appeals for the Second Circuit affirmed the denial of a preliminary injunction challenging New York’s ammunition background-check, fee, and seller-registration provisions under the Second Amendment. The court held that the individual plaintiffs had standing but had not shown that the provisions meaningfully constrained their ability to keep or bear arms under the first step of the Bruen framework. The court therefore did not reach the district court’s historical-tradition analysis and remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the individual plaintiffs had standing to challenge the CCIA ammunition background-check, fee, and registration provisions.
- Whether the challenged provisions meaningfully constrained the individual plaintiffs' ability to keep or bear arms under the first step of the Bruen framework.
- Whether the denial of a preliminary injunction should be affirmed despite the Second Circuit relying on a different legal ground than the district court.
Holdings
- The individual plaintiffs established standing because they alleged concrete and imminent deterrence or denial of ammunition purchases or sales, the injuries were traceable to enforcement of the challenged provisions, and the requested injunction would redress the injuries.
- On the record presented, the ammunition background-check provisions did not meaningfully constrain the plaintiffs' ability to keep or bear arms and therefore did not implicate the plain text of the Second Amendment.
- The short delays shown in the record, including a delay of at most one day experienced by Dorr, did not meaningfully constrain the plaintiffs' Second Amendment rights.
- The $2.50 fee imposed on ammunition sellers did not meaningfully constrain purchasers' Second Amendment rights on this record.
- The licensing and registration provisions did not implicate the Second Amendment because the Second Amendment does not independently protect a right to sell firearms or ammunition without registration or licensing, and plaintiffs failed to show that the provisions impaired purchasers' access to ammunition.
Key quotations
“We hold that, on this record, Plaintiffs have failed to meet their burden of demonstrating that the ammunition background check provisions meaningfully constrain their ability to “keep” or “bear” arms under the first step of the Bruen framework.” (4)
“In sum, none of the challenged provisions—individually or collectively—meaningfully constrain an individual’s right to “keep” and “bear” arms so as to implicate the plain text of the Second Amendment.” (31)
Factual background
New York's Concealed Carry Improvement Act requires ammunition sellers to conduct background checks before ammunition sales, pay a fee for each check, and register with or involve a licensed firearms dealer or registered ammunition seller in commercial transfers. Several individual plaintiffs alleged that the background-check process, fee, or registration requirements deterred them from purchasing or selling ammunition; one plaintiff encountered a malfunctioning database. The record showed immediate approvals in some cases and, at most, short delays or isolated system failures, but did not establish that the provisions substantially prevented access to ammunition.
Procedural history
Plaintiffs sued the Superintendent under 42 U.S.C. § 1983 after the CCIA ammunition provisions took effect. The Western District of New York concluded that NYSFA lacked associational standing but that the individual plaintiffs had standing, and denied preliminary injunctive relief after finding that plaintiffs were unlikely to succeed under the second step of the Bruen framework. The Second Circuit affirmed on different grounds and remanded for further proceedings.
Remand instructions
The case is remanded for further proceedings consistent with the opinion. Plaintiffs may submit additional evidence concerning whether implementation of the ammunition background-check provisions meaningfully constrains their ability to keep or bear arms.