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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 3,007 times   50 Legal Analyses
    Holding that a regulation that "makes it impossible for citizens to use [their firearms] for the core lawful purpose of self defense" is unconstitutional

  2. McDonald v. City of Chicago

    561 U.S. 742 (2010)   Cited 1,974 times   21 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 5,199 times   14 Legal Analyses
    Holding that "extensive safeguards" are necessary "to repel a facial challenge"

  4. Ward v. Rock Against Racism

    491 U.S. 781 (1989)   Cited 2,807 times   8 Legal Analyses
    Holding that the validity of a provision challenged on an as-applied basis "depends on the relation it bears to the overall problem the government seeks to correct, not on the extent to which it furthers the government's interests in an individual case"

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

    552 U.S. 442 (2008)   Cited 1,170 times   3 Legal Analyses
    Holding courts should "[e]xercis[e] judicial restraint" to prevent "premature interpretations of statutes in areas where their constitutional application might be cloudy."

  6. Kolender v. Lawson

    461 U.S. 352 (1983)   Cited 3,011 times   7 Legal Analyses
    Holding state misdemeanor statute unconstitutionally vague within the meaning of the Due Process Clause

  7. Hoffman Estates v. Flipside, Hoffman Estates

    455 U.S. 489 (1982)   Cited 3,138 times   3 Legal Analyses
    Holding that the possible inhibition of a constitutional right is "perhaps the most important factor"

  8. Grayned v. City of Rockford

    408 U.S. 104 (1972)   Cited 4,668 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 1,846 times   29 Legal Analyses
    Holding that a spousal notification provision was unconstitutional

  10. Reno v. Flores

    507 U.S. 292 (1993)   Cited 1,708 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 1,615 times   1 Legal Analyses
    Prohibiting Tasers and stun guns

  12. Section 30515 - Assault weapons

    Cal. Pen. Code § 30515   Cited 18 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 8 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 4 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 Note: Authority cited: Section 30900, Penal Code. Reference: Sections