MEMORANDUM AND ORDER In this matter filed pursuant to 42 U.S.C. §1983, plaintiffs Michael McGregor, Zachary Giambalvo, Paul Felice, Matthew Olivieri, Edward Newman, and Dark Storm Industries, LLC (collectively “plaintiffs”) seek, inter alia, a declaration that recently enacted statutory amendments, found in New York Senate Bill 9458 (the “Rifle Bill”), are unconstitutional under the Second and Fourteenth Amendments. To that end, plaintiffs have filed the present application for a preliminary and permanent injunction seeking to enjoin New York State and Suffolk County officials from enforcing the Rifle Bill. Though presenting novel and serious questions under state law and the Second Amendment, plaintiffs have failed to establish irreparable harm, and thus, their application must be DENIED. Procedural History Plaintiffs commenced this action on February 10, 2023, with the filing of a “Complaint for Declaratory and Injunctive Relief.” Docket Entry (“DE”) 1. A week later, plaintiffs filed the instant motion for a preliminary and permanent injunction. DE 6. On February 21, 2023, the Court set a briefing schedule for plaintiffs’ application, and the parties filed plaintiffs’ moving submission, defendants’ opposition, plaintiffs’ reply thereto, and all accompanying exhibits and declarations, including several amicus briefs. The parties have agreed to await a decision on the instant motion before setting a briefing schedule for any anticipated motion to dismiss. DE 22. Brief Factual Background The Rifle Bill On June 6, 2022, New York State enacted the Rifle Bill as “part of a comprehensive tenbill legislative package that was aimed at closing critical gun law loopholes exposed in the tragic shootings in Buffalo and Uvalde.” DE 21 at 8 (citations omitted). In essence, the Rifle Bill raises the minimum age to purchase semiautomatic rifles to twenty-one years old and requires a license for such purchases after September 4, 2022. N.Y. PENAL LAW §400.00(1), (2). Notably, individuals who lawfully owned a semiautomatic rifle prior to September 4th are not required to obtain a license for continued ownership, even if under the age of twenty-one. See id.; DE 21-2 at 6. Nor does the Rifle Bill require a license for purchasing other types of rifles, such as leveraction, pump-action, or bolt-action rifles. See generally N.Y. PENAL LAW §400.00. The Rifle Bill also contains several enforcement provisions. Specifically, New York Penal Law §265.65 and §265.66 criminalize the transfer of ownership of a semiautomatic rifle to an individual who does not possess the necessary license. Critically, however, the Rifle Bill does not criminalize the mere possession of a semiautomatic rifle where no such transfer of ownership has occurred. See N.Y. PENAL LAW §§265.65-.66, 400.00(2); DE 21 at 10 (confirming that violations only arise when transfer of ownership occurs, not mere possession); DE 21-2 at 6 (“A Semi-Automatic Rifle License is required to purchase or take ownership of a semi-automatic rifle on or after September 4, 2022.”) (emphasis added). In other words, the Rifle Bill does not criminalize instances of temporary possession, such as using another individual’s semiautomatic rifle at a gun range despite lacking a semiautomatic rifle license. See DE 21 at 18 (“The statute, therefore, simply does not prohibit one from temporarily using a semiautomatic rifle that remains legally owned by another person, and no Plaintiff has alleged that their use or possession of another person’s rifle at the gun range constitutes a change in legal ownership of that weapon.”). To obtain a semiautomatic rifle license, New York residents must apply directly to their local licensing officer, who shall either issue a new distinct license or add a license endorsement to an individual’s existing firearm license, generally a pistol license. See N.Y. PENAL LAW §400.00(3); DE 21-2 at 6. In practice, the administrative shortcut of adding a rifle endorsement to a pistol license has led to some confusion.1 Thus, an individual must obtain a semiautomatic rifle license to acquire a semiautomatic rifle. Suffolk County’s Semiautomatic Rifle License Procedure In issuing licenses pursuant to the Rifle Bill, Western Suffolk County2 utilizes its preexisting pistol licensing scheme. As such, for a Suffolk County resident to lawfully purchase a semiautomatic rifle, they must first apply for and obtain a pistol license from the Suffolk County Pistol License Bureau (“PLB”). DE 20-1 4. Generally, the Suffolk County pistol license process takes anywhere between two and three years. DE 1 73. Once an individual obtains a pistol license, they may then purchase a semiautomatic rifle using that license. DE 20-1 4. But before taking possession of the rifle, the individual must deliver their receipt, a photograph of the rifle, and its serial number to the PLB, as well as pay a fee. Id. The PLB will then amend the individual’s pistol license to add an endorsement for the purchased rifle and issue a purchase order, allowing the individual to take possession of the firearm. Id. This procedure represents the sole path to obtaining a semiautomatic rifle. See id. 5. Plaintiff McGregor Plaintiff Michael McGregor is a Suffolk County resident and lawful firearm owner. DE 6-5
3, 5. McGregor has a Suffolk County-issued pistol license and owns several semiautomatic rifles, which appear to have been acquired before the enactment of the Rifle Bill. See id.
