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New York State Rifle and Pistol Association, Inc. et al v. Cuomo et al

MEMORANDUM/BRIEF Amici Curiae Brief

50 Cited authorities

  1. District of Columbia et al. v. Heller

    554 U.S. 570 (2008)   Cited 4,110 times   51 Legal Analyses
    Holding that it is "not a new proposition" that a plaintiff had standing to challenge the denial of a gun licensing permit

  2. McDonald v. City of Chicago

    561 U.S. 742 (2010)   Cited 2,684 times   22 Legal Analyses
    Holding that the Second Amendment applies to the states, through incorporation under the Fourteenth Amendment

  3. United States v. Salerno

    481 U.S. 739 (1987)   Cited 5,738 times   16 Legal Analyses
    Holding that a facial challenger "must establish that no set of circumstances exists under which the Act would be valid"

  4. Ward v. Rock Against Racism

    491 U.S. 781 (1989)   Cited 2,952 times   8 Legal Analyses
    Holding that music is protected expression

  5. Wash. State Grange v. Wa. State Repub. Party

    552 U.S. 442 (2008)   Cited 1,342 times   5 Legal Analyses
    Holding that courts should neither "anticipate a question of constitutional law in advance of the necessity of deciding it" nor "formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied"

  6. Hoffman Estates v. Flipside, Hoffman Estates

    455 U.S. 489 (1982)   Cited 3,256 times   4 Legal Analyses
    Holding that the possible inhibition of a constitutional right is "perhaps the most important factor"

  7. Kolender v. Lawson

    461 U.S. 352 (1983)   Cited 3,082 times   7 Legal Analyses
    Holding state misdemeanor statute unconstitutionally vague within the meaning of the Due Process Clause

  8. Grayned v. City of Rockford

    408 U.S. 104 (1972)   Cited 4,792 times   6 Legal Analyses
    Holding that a statute's words, even when "marked by flexibility and reasonable breadth, rather than meticulous specificity," are clear based on "what the ordinance as a whole prohibits"

  9. Planned Parenthood of Southeastern Pa. v. Casey

    505 U.S. 833 (1992)   Cited 1,884 times   29 Legal Analyses
    Holding that a spousal notification provision was unconstitutional

  10. Reno v. Flores

    507 U.S. 292 (1993)   Cited 1,784 times   2 Legal Analyses
    Holding that, in the immigration context, minors aged sixteen or seventeen are not "too young or too ignorant to exercise" their right to make a revocable waiver of a removal or deportation hearing

  11. Section 265.02 - Criminal possession of a weapon in the third degree

    N.Y. Penal Law § 265.02   Cited 1,685 times   1 Legal Analyses
    Prohibiting Tasers and stun guns

  12. Section 30515 - Assault weapons

    Cal. Pen. Code § 30515   Cited 23 times

    (a) Notwithstanding Section 30510, "assault weapon" also means any of the following: (1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon. (B) A thumbhole stock. (C) A folding or telescoping stock. (D) A grenade launcher or flare launcher. (E) A flash suppressor. (F) A forward pistol grip. (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity

  13. Section 16460 - "Destructive device" defined

    Cal. Pen. Code § 16460   Cited 9 times

    (a) As used in Sections 16510, 16520, and 16780, and in Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, "destructive device" includes any of the following weapons: (1) Any projectile containing any explosive or incendiary material or any other chemical substance, including, but not limited to, that which is commonly known as tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns. (2) Any bomb, grenade, explosive missile, or similar device or

  14. Section 265.36 - [Repealed]

    N.Y. Penal Law § 265.36   Cited 5 times

    N.Y. Penal Law § 265.36 Repealed by New York Laws 2022, ch. 209,Sec. 4, eff. 9/4/2022. Added by New York Laws 2013, ch. 1,Sec. 46-a, eff. 3/16/2013.

  15. Section 265.37 - Unlawful possession of certain ammunition feeding devices

    N.Y. Penal Law § 265.37   Cited 5 times

    It shall be unlawful for a person to knowingly possess an ammunition feeding device where such device contains more than seven rounds of ammunition. If such device containing more than seven rounds of ammunition is possessed within the home of the possessor, the person so possessing the device shall, for a first offense, be guilty of a violation and subject to a fine of two hundred dollars, and for each subsequent offense, be guilty of a class B misdemeanor and subject to a fine of two hundred dollars

  16. Section 5469 - Registration of Assault Weapons Pursuant to Penal Code Section 30900(b)(1); Who Must Register

    Cal. Code Regs. tit. 11 § 5469   Cited 2 times

    Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Penal Code section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool (commonly referred to as a bullet-button weapon) must register the firearm before July 1, 2018. Cal. Code Regs. Tit. 11, § 5469 1. Change without regulatory effect renumbering section 978.20