Justia Summary
The petitioners challenged a New York City rule regarding the transport of firearms, citing the Second Amendment, and seeking declaratory relief against enforcement of the rule insofar as it prevented their transport of firearms to a second home or shooting range outside of the city. The Second Circuit rejected their claim. After the Supreme Court granted certiorari, the State of New York amended its firearm licensing statute and the City amended the rule so that the petitioners may now transport firearms to a second home or shooting range outside of the city.
The Supreme Court vacated. The petitioners’ claim for declaratory relief with respect to the old rule is moot but they claimed that the new rule may still infringe their rights; they may not be allowed to stop for coffee, gas, food, or restroom breaks on the way to their second homes or shooting ranges outside of the city. The Court declined to address the argument, citing its practice of vacating and remanding where the mootness is attributable to a change in the legal framework governing the case, and where the plaintiff may have some residual claim under the new framework that was understandably not asserted previously. On remand, the Second Circuit and the district court may consider the new arguments and whether the petitioners still add a claim for damages with respect to the old rule.
