Updates in New York and Maryland Licensing Cases in Today's FPC Daily 2A Legal Update

8/24/21

In today's FPC legal update, we have updates in gun license cases from New York and Maryland.

Abekassis v. NYC

Issue: Gun licenses

Court: Supreme Court

Action: Cert petition

This lawsuit was originally filed in 2019 after New York City denied Ralph Abekassis's application for a license to keep a handgun in his home. According to the petition, the plaintiff "was deemed ineligible and unfit to possess a handgun in his home for self-defense based on an arrest at the age of 15, which the N.Y. City Law Department declined to prosecute, untimely-paid fines, non-criminal infractions, and his driving history." A district court judge subsequently dismissed the lawsuit, and Abekassis filed an appeal to the Second Circuit. While the case was on appeal, the city suddenly decided to grant the license, and successfully convinced the Second Circuit to moot the case. He is now appealing to the Supreme Court, where he argues that the case was not moot because he will need to renew his license every three years, and NYC is now free to deny him for the same reasons that caused the lawsuit. The city will now have an opportunity to respond to the petition.

Maryland Shall Issue v. Hogan

Issue: Handgun licenses

Court: District of Maryland

Action: Opinion

In this lawsuit, a federal judge upheld Maryland's handgun licensing scheme, saying that the requirements "are reasonably adapted to serve the State’s overwhelming interest in protecting public safety," and that "the time and expense associated with the requirements are reasonable." If the plaintiffs decide to appeal this case, it would go to the Fourth Circuit.