MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff National Rifle Association of America (the “NRA”) commenced this action on April 2, 2020, asserting two claims pursuant to 42 U.S.C. §1983, arising out of the issuance of Executive Order 202.8. See generally Dkt. No. 1. Plaintiff filed an amended complaint on April 27, 2020, and the first amended complaint alleges that Plaintiff was deprived of its rights under the Second, Fifth, and Fourteenth Amendments when non-essential employers, including gun retailers and ammunition manufacturers not fulfilling orders for law enforcement had to reduce their in-person workforce by 100 percent no later than 8:00 PM on March 22, 2020 pursuant to Executive Order 202.8 (the “Executive Order”). See Dkt. No. 8. On June 22, 2020, Defendants New York Governor Andrew Cuomo, both individually and in his official capacity, the New York State Department of Economic Development d/b/a Empire State Development, Acting Commissioner, President and Chief Executive Officer of the New York State Department of Economic Development Eric Gertler, both individually and in his official capacity, the New York State Department of Labor, and New York State Department of Labor Commissioner Roberta Reardon, both individually and in her official capacity (collectively Defendants”) moved pursuant to Rule 12(c) of the Federal Rules of Civil Procedure for judgment on the pleadings. See Dkt. No. 18. Plaintiff filed a response on July 6, 2020, opposing Defendants’ motion and cross-moving for leave to amend the first amended complaint. See Dkt. No. 22. As set forth below, Defendants’ motion for judgment on the pleadings is granted, and Plaintiff’s cross-motion for leave to amend the first amended complaint is denied. II. BACKGROUND On April 2, 2020, Plaintiff commenced this action alleging that Defendants violated several provisions of the United States Constitution. See Dkt. No. 1. Plaintiff filed an amended complaint dated April 27, 2020. See Dkt. No. 8. The amended complaint alleges violations of Plaintiff’s constitutional rights stemming from Executive Order 202.8, issued on March 20, 2020, by which Defendant Cuomo indefinitely shut down gun stores in New York by designating them as “non-essential” businesses. See id. at 2. Plaintiff’s causes of action claim violations of the Second, Fifth and Fourteenth Amendments of the United States Constitution. See id. at
