New York State Rifle & Pistol Assn., Inc. v. City of New York

NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC., et al. v. CITY OF NEW YORK, NEW YORK,

et al. certiorari to the united states court of appeals for

the second circuit

No. 18–280. Argued December 2, 2019—Decided April 27, 2020 Petitioners sought to enjoin enforcement of a New York City rule that restricted the transport of firearms, claiming that the rule violated the Second Amendment. The District Court and the Court of Appeals rejected petitioners' claim. After the Court granted certiorari, the City amended its rule to allow the transport of firearms to a second home or shooting range outside the City, precisely the relief requested by petitioners. Held: Petitioners' claim for declaratory and injunctive relief with respect to the City's old rule is moot. Because mootness is attributable to a change in the challenged legal framework, the Court vacates the decision below and remands for further proceedings. The courts below may consider on remand whether petitioners may add a claim for damages in this lawsuit with respect to the City's old rule. 883 F. 3d 45, vacated and remanded.

Paul D. Clement argued the cause for petitioners. With him on the briefs were Erin E. Murphy and Matthew D. Rowen. Principal Deputy Solicitor General Wall argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Francisco, Assistant Attorney General Hunt, Deputy Assistant Attorney General Mooppan, Vivek Suri, and Michael S. Raab. Richard Dearing argued the cause for respondents. With him on the brief were Zachary W. Carter, Claude S. Platton, Elina Druker, Ingrid R. Gustafson, Susan Paulson, Jeffrey L. Fisher, Anton Metlitsky, Jennifer B. Sokoler, and Bradley N. Garcia.*

*Briefs of amici curiae urging reversal were filed for the State of Louisiana et al. by Jeff Landry, Attorney General of Louisiana, Elizabeth B. Murrill, Solicitor General, and Michelle Ward Ghetti, Deputy Solicitor

337Cite as: 590 U. S. 336 (2020)

Per Curiam

Per Curiam.

In the District Court, petitioners challenged a New York City rule regarding the transport of firearms. Petitioners claimed that the rule violated the Second Amendment. Petitioners sought declaratory and injunctive relief against

General, and by the Attorneys General for their respective States as follows: Steve Marshall of Alabama, Kevin Clarkson of Alaska, Mark Brnov-ich of Arizona, Leslie Rutledge of Arkansas, Ashley Moody of Florida, Chris Carr of Georgia, Lawrence G. Wasden of Idaho, Curtis T. Hill, Jr., of Indiana, Derek Schmidt of Kansas, Eric S. Schmitt of Missouri, Tim Fox of Montana, Doug Peterson of Nebraska, Wayne Stenehjem of North Dakota, Dave Yost of Ohio, Mike Hunter of Oklahoma, Alan Wilson of South Carolina, Jason Ravnsborg of South Dakota, Herbert H. Slatery III of Tennessee, Ken Paxton of Texas, Sean D. Reyes of Utah, and Patrick Morrisey of West Virginia; for Academics for the Second Amendment by Joseph Edward Olson and David T. Hardy; for the American Civil Rights Union by Kenneth A. Klukowski; for the California Rife and Pistol Association, Inc., et al. by C. D. Michel, Sean A. Brady , and Anna M. Barvir; for the Cato Institute by Ilya Shapiro; for Commonwealth Second Amendment, Inc., by Alan Gura; for the Firearms Policy Foundation et al. by Erik S. Jaffe and Gene C. Schaerr; for Judicial Watch, Inc., et al. by Chris Fedeli; for the Liberal Gun Club by David D. Jensen and Daniel L. Schmutter; for the Madison Society Foundation, Inc., by Donald E. J. Kil-mer, Jr.; for the Mountain States Legal Foundation by Cristen Wohlgem-uth; for the National African American Gun Association, Inc., by Stephen P . Halbrook; for the National Rife Association of America, Inc., by David H. Thompson, Howard C. Nielson, Jr., Peter A. Patterson, and John D. Ohlendorf; for the National Sheriffs' Association et al. by Dan M. Pe-terson; for Pink Pistols by Brian Koukoutchos; for Professors of Second Amendment Law et al. by David B. Kopel and Joseph G. S. Greenlee; for Rep. Bradley Byrne et al. by E. Travis Ramey and William Grayson Lambert; for Robert Leider by William S. Consovoy and J. Michael Con-nolly; and for George K. Young by Stephen D. Stamboulieh and Alan Alexander Beck.

Briefs of amici curiae urging affirmance were filed for the State of New York et al. by Letitia James, Attorney General of New York, Barbara D . Underwood, Solicitor General, Anisha S. Dasgupta, Deputy Solicitor General, and Andrew W. Amend, Assistant Deputy Solicitor General, and by the Attorneys General for their respective jurisdictions as follows: William Tong of Connecticut, Karl A. Racine of the District of Columbia, Kwame Raoul of Illinois, Brian E . Frosh of Maryland, Maura Healey of Massachusetts, Dana Nessel of Michigan, Gurbir S. Grewal of New Jersey,