Letter to Supreme Court
The City of New York has sent the Supreme Court a letter asking that it remand the case to a lower court and direct the lower court to dismiss the case, because
- the City of New York has adopted rules allowing premises licensees to transport licensed firearms anywhere, inside or outside the city, the licensees may legally possess their firearms, and
- the State of New York has passed legislation allowing firearm owners to transport licensed firearms anywhere the licensees may legally possess their firearms, except that firearms licensed outside the City of New York may not be transported into the City of New York.
Therefore the case is moot, because the plaintiffs have already gotten everything they said they wanted from a judgment in their favor.
The City of New York also states that, if the Supreme Court proceeds with hearing the case, the City of New York will not attempt to defend the rules/laws which are now obsolete, but will instead argue that the case is moot and that no judgment should be issued regarding the case.
NYC argues that the actions it requests of the court are consistent with the court's precedents.
IMO the one thing the plaintiffs (and the rest of us) haven't gotten is a declaration that the prohibition on transport was (and is and would be again) unconstitutional (i.e., unlawful). That leaves NY State and City free to re-impose transport prohibitions, as well as leaving any other jurisdiction free to do the same. NYC is trying not to be the McDonald of transport, since it obviously thinks it's going to lose. Just remanding with direction doesn't provide guidance to lower courts at all. If anything, it sends a message that NYSRPA never had a case. It would be like denying the cert in the first place.
There's also the issue of whether NY State and City unilaterally granting the plaintiffs everything that they wanted really does moot the case. A settlement isn't a settlement unless both sides agree. NYSRPA hasn't yet agreed.
Edited by Euler, 05 July 2019 - 03:00 AM.