OPINION & ORDER Plaintiffs Jason Frey, Brianna Frey, Jack Cheng, and William Sappe (“Plaintiffs”) bring this action against New York City, the New York Police Department Police Commissioner (together the “City Defendants”), and the Acting Superintendent of the New York State Police (the “Superintendent,” together “Defendants”), alleging various violations of the Second Amendment. (ECF No. 1.) Presently before the Court is Plaintiffs’ motion for a preliminary injunction. (ECF No. 20.) For the following reasons, Plaintiffs’ motion is DENIED. BACKGROUND I. New York State Firearms Laws New York State “maintains a general prohibition on the possession of ‘firearms’ absent a license.” Kachalsky v. County of Westchester, 701 F.3d 81, 85 (2d Cir. 2012). New York Penal Law Section 400.00 contains “the exclusive statutory mechanism for the licensing of firearms in New York State.” Id. (citing O’Connor v. Scarpino, 83 N.Y.2d 919, 920 (1994)). The New York Penal Laws also include misdemeanor and felony violations for the illegal carrying of firearms without a license. See, e.g., N.Y. Penal Law §§265.01(1); 265.01-b; 265.03(3). Under Section 400.00, a licensing officer can issue a firearm license “only after investigation and finding that all statements in a proper application for a license are true.” N.Y. Penal Law §400.00(1). The statute requires that an applicant (i) be at least 21 years of age; (ii) lack a history of crime and mental illness; (iii) be of good moral character; and (iv) be someone for “whom no good cause exists for the denial of the license.” N.Y. Penal Law §400.00(1)(a)-(d), (n). New York State residents may apply for “[a] license for a pistol or revolver” to “have and possess in [a] dwelling by a householder” or “have and carry concealed…by any person when proper cause exists for the issuance thereof.” N.Y. Penal Law §400.00(2). The Second Circuit has interpreted “proper cause” to include “carrying a handgun for target practice, hunting, or self-defense” and a licensing offer may restrict a license “to the purposes that justified the issuance.” Kachalsky, 701 F.3d at 86 (citing O’Connor, 83 N.Y.2d at 921). To establish the proper cause needed to obtain an unrestricted concealed carry license, the applicant must “demonstrate a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession.” Id. (quoting Klenosky v. N.Y City Police Dep’t, 75 A.D.2d 793, 793 (1st Dep’t 1980)). This standard does not include “[a] generalized desire to carry a concealed weapon to protect one’s person and property” or “living or being employed in a high crime area.” Id. (internal quotation marks and citations omitted). If denied a license, an applicant may challenge the decision in New York State court under Article 78 of the New York Civil Practice Law and Rules. Kachalsky, 701 F.3d at 87. Pursuant to Section 400.00(15), any violation of a provision of this section is a class A misdemeanor. N.Y. Penal Law §400.00(15). New York State does not permit the open carry of handguns. Kachalsky, 701 F.3d at 86. II. New York City Firearms Laws New York City has its own regulatory licensing scheme. For New York City, an applicant must apply to the New York Police Department (“NYPD”) License Division. 38 RCNY §5-05. There are various types of handgun licenses issued by the NYPD. 38 RCNY §5-01. One such license is a special license, which is issued to persons in possession of a valid New York State County License. 38 RCNY §5-01(e). To be eligible for a carry or special license, an applicant must meet the requirements for a premises license, and must also show “proper cause” pursuant to Section 400.00(2)(f), which is “determined by a review of all relevant information bearing on the claimed need of the applicant for the license.” 38 RCNY §5-03. If a license application is denied, the applicant may appeal to the Division Head, License Division. 38 RCNY §5-07(e)-(f). If the appeal is denied, the applicant shall receive a “Notice of Disapproval After Appeal,” which concludes the NYPD’s administrative review procedure. 38 RCNY §5-07(f). III. The Plaintiffs Plaintiffs are residents of New York State who possess various kinds of New York State pistol licenses. (Compl.
92; 125; 164; 196.) Jason Frey was issued a New York State pistol license by Westchester County. (Id. 92.) The license is restricted to “sportsman” which means he may only carry it inside his home, to and from target shooting, and during sports activities. (Id.
