Second Amendment Roundup: New York’s “Good Moral Character” Requirement for Gun Permits
New York City requires a showing of “good moral character” to be issued a rifle and shotgun permit. In Srour v. New York City (2023), the Southern District of New York enjoined the enforcement of the “good moral character” requirement and a separate “good cause” requirement. I posted on the decision here.
After filing its appeal, the City adopted definitions of those previously-undefined terms, Srour reapplied, and the City granted the permit. On September 9, the Second Circuit held that he was granted the relief he sought, rendering the case moot and removing jurisdiction to hear the merits.
The City had based Srour’s denial on his prior arrests (without convictions) and “derogatory” driving record. On the same day that Srour moved for summary judgment, the City adopted a definition of “good moral character” as “having the essential character, temperament and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others.” It also repealed the “good cause” requirement.
Following the Supreme Court’s decision in New York State Rifle & Pistol Ass’n v. Bruen (2022), the district court found the character requirement facially unconstitutional, as the City had “not identified any historical analogue for investing officials with the broad discretion to restrict someone’s Second Amendment right based on determining the person to lack good moral character.” Srour then reapplied for a permit. Meanwhile, the City appealed.
However, as the Second Circuit says, “nothing in life is certain.” After the opening and response appeal briefs were submitted, Srour’s rifle and shotgun application was granted, and he was issued his permit. That rendered his claims for prospective relief moot and deprived him of Article III standing, according to the Second Circuit. And the court declined to exercise pendent appellate jurisdiction over his claims for retrospective relief (damages), which were not yet final.
The voluntary cessation of a disputed action, the court explained, renders a case moot if (1) there is no “reasonable expectation” the action will recur, and (2) “interim relief or events have completely and irrevocably eradicated the effects of the alleged violation.” The action will not recur here because the permit automatically renews in three years, it is subject to investigation only if the status of the permitee has changed, and at oral argument the City reaffirmed that Srour’s character “is not reassessed” at the time of renewal.
Nor was there any evidence, the court continued, that Srour’s applicat
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