Federal Appeal Challenges NYPD's Gun Licensing Delay Under Second Amendment

In an important move to assert constitutional rights, civil rights attorney Susan Chana Lask has filed a federal appeal in the Second Circuit, challenging the New York Police Department's (NYPD) handling of firearm license applications. This appeal arises from a case known as DiSalvo et al. v. The City of New York et al., where plaintiffs allege that NYPD's failure to comply with statutory deadlines for firearm license applications is a violation of the Second Amendment.

Background of the Case

The appeal stems from the NYPD's acknowledged backlog in processing firearm applications. According to the complaint, New York Penal Law § 400 mandates that the City must grant or deny applications within six months of their submission. However, plaintiffs claim that they faced years without any decision. The NYPD's License Division has been accused of neglecting inquiries from applicants, leading to significant frustrations and hardships for those seeking to exercise their Second Amendment rights.

The situation escalated to the point that Lask, representing the plaintiffs, had to serve a complaint requesting emergency injunctive relief. The NYPD reacted by approving all five applications within just 24 hours, a move that highlights the potential for prompt action when faced with legal pressure. Lask emphasized the disparity between the NYPD's resources—boasting a budget of $6.14 billion—and its operational failures, suggesting that adequate staffing could prevent such issues from arising in the first place.

Significant Delays and Policy Issues

The NYPD's licensing regime has come under scrutiny, especially with its focus on timing and procedural definitions. According to a declaration filed by Nicole Berkovich, Director of the NYPD License Division, the delay in processing applications is partly due to the department’s policy that considers