Decision of the Day: New York's Background Check, Fee to Buy Ammunition Survives Challenge Brought on Civil Rights Grounds
This ruling was selected and summarized by the New York Law Journal's decision editors.
May 15, 2024 at 09:59 PM
2 minute read
The New York State Firearms Association filed an action under 42 USC §1983 seeking a declaration that New York Penal Law §§400.02 and 40.03, and New York Executive Law §228 were unconstitutional to the extent they require a background check by the New York State Police to purchase ammunition, as well as the payment of a fee. They also sought to restrain defendants' enforcement of those statutes.
U.S. District Judge Frank Geraci of the Western District of New York dismissed all the plaintiffs claims, finding the organization lacked associational standing to bring suit on its members' behalf under §1983.
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