Schneiderman issues statement on dismissal of Libertarian Party lawsuit against New York gun laws
Attorney General Eric T. Schneiderman issued the following statement after the U.S. District Court for the Western District of New York dismissed a lawsuit challenging the state’s pistol permitting laws:
“This decision is a victory for sensible gun laws and New York’s fundamental responsibility to protect our communities. Common sense guidelines that ensure guns don’t fall into the wrong hands are critical to our public safety. We’re glad the court agreed.”
In Libertarian Party of Erie County v. Cuomo et al, plaintiffs, an Erie County political organization, and seven individuals brought an action to challenge the constitutionality of New York’s century-old handgun licensing laws under the Second and Fourteenth Amendments. Plaintiffs alleged that the State lacks the authority under the United States Constitution to require licenses for the possession of handguns. The Court rejected their challenge and dismissed the case. In its decision, the Court upheld New York’s licensing laws as constitutional, finding that they promote public safety and prevent gun violence by helping to ensure that “only law-abiding, responsible citizens” are allowed to possess handguns lawfully.
The case was handled by Assistant Attorneys General William Taylor and Jonathan Conley of the NYC Litigation Bureau, supervised by Bureau Section Chief Monica Connell. The NYC Litigation Bureau is headed by Lisa R. Dell of the State Counsel Division. Arlene Smoler is the Deputy Attorney General of the State Counsel Division and Kent T. Stauffer is the Executive Deputy Attorney General overseeing the State Counsel Division.