After carefully reviewing the entire record in this matter, the parties’ submissions and the applicable law, and for the reasons set forth above, the Court hereby ORDERS that Plaintiffs’ motion for summary judgment (Dkt. No. 39) is GRANTED IN PART and DENIED IN PART as follows: GRANTED as to Plaintiffs’ Second Amendment claims regarding the constitutionality of N.Y. Penal Law § 400.00(3)(a) as applied to Plaintiffs Harris and Votruba; 50 Case 1:24-cv-00174-MAD-TWD Document 54 Filed 08/20/25 Page 51 of 51 DENIED as to Plaintiffs’ Full Faith and Credit claim; and DENIED as to Plaintiffs’ Privileges and Immunities claim; and the Court further ORDERS that N.Y. Penal Law § 400.00(3)(a) has been unconstitutionally applied to Plaintiffs Harris and Votruba; and the Court further ORDERS that Defendants must permit residents of other states to apply for permits to carry firearms in New York; and the Court further ORDERS that Defendants and all other officers, agents, servants, employees, and persons under the authority of the State shall not refuse to accept applications from otherwise eligible persons who are not residents or employees of the State of New York; and the Court further ORDERS that Defendant James’ cross-motion for summary judgment (Dkt. No. 42) is GRANTED as to standing and otherwise DENIED as moot; and the Court further ORDERS that Plaintiffs’ claims, to the extent they seek relief from Defendant James, are DISMISSED for lack of standing; and the Court further ORDERS that Plaintiff Higbie’s as-applied Second Amendment claim is DISMISSED as moot; and the Court further ORDERS that the Clerk of the Court shall enter judgment in accordance with this Memorandum-Decision and Order and close the case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. IT IS SO ORDERED. [More]
GOA wins one.
Note Mr. Stamboulieh was instrumental.
Now we wait and see if it’s appealed. I’m told they have 30 days from the order.
He’s fighting for us on this, too.
