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Srour v. New York City

Court of Appeals for the Second Circuit · No. 23-7549 · 117 F.4th 72

Decided

⚖️Procedural — no merits ruling

mootness and Munsingwear vacatur; the ruling against the permit provision was wiped out without any merits review

GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.

What the court held

Joseph Srour, denied a New York City rifle and shotgun permit, won a district court judgment enjoining the Administrative Code's "good moral character" and "good cause" requirements and declaring them unconstitutional. While the City's interlocutory appeal was pending, Srour reapplied and was granted a permit. The Second Circuit held the appeal moot because he had received the relief he sought, vacated the district court's judgment as to the good-moral-character provision under Munsingwear, dismissed the appeal, and remanded with instructions to dismiss the claims for injunctive and declaratory relief.

Summarized from the court's opinion.

What this case is about

New York City handgun and long-gun permit denials under the Second Amendment

GunMapUSA summary of the issue, not a quotation from the court.

Key Dates

Read the full opinion The complete text of the court's decision, reproduced in full.

Sources

Summary of public court records. Not legal advice.