Kwong v. Bloomberg
723 F.3d 160
| 2d Cir. | 2013Background
- New York City Admin. Code § 10-131(a)(2) currently charges $340 for a residential handgun license valid for three years.
- N.Y. Penal Law § 400.00(14) allows NYC and Nassau County to set fees outside the $3–$10 range; elsewhere fees are capped at $3–$10.
- Plaintiffs consist of individuals with NYC residential handgun licenses and two gun-rights organizations seeking relief under 42 U.S.C. § 1983.
- District Court granted summary judgment for the City and NYAG, upholding both statutes as constitutional; plaintiffs appealed.
- Evidence showed license costs exceed revenues and that the fee is intended to defray administration costs and promote public safety.
- The court analyzes whether the $340 fee burdens Second Amendment rights and whether the disparate fee structure violates Equal Protection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Admin. Code § 10-131(a)(2) constitutional under the Second Amendment? | Kwong argues the $340 fee burdens core Second Amendment rights too heavily. | City contends the fee recovers administrative costs and is not a prohibitive burden. | Yes; fee survives intermediate scrutiny as substantially related to public safety costs. |
| Does Penal Law § 400.00(14) violate Equal Protection by allowing higher NYC/Nassau fees than other counties? | Kwong argues the disparity burdens a fundamental right and warrants strict scrutiny. | City argues rational basis review applies and the statute serves a legitimate cost-recovery purpose. | Yes; statute survives rational basis review; disparate local fee levels are permissible. |
Key Cases Cited
- Cox v. New Hampshire, 312 U.S. 569 (Supreme Court 1941) (fees may defray administrative costs to regulate rights)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (U.S. 2010) (Second Amendment fully applicable to the states)
- Heller v. District of Columbia, 670 F.3d 1244 (D.C. Cir. 2011) (context for burden and regulation of firearm rights)
- Kachalsky v. County of Westchester, 701 F.3d 81 (2d Cir. 2012) (intermediate scrutiny appropriate for firearm regulations)
- Decastro, 682 F.3d 160 (2d Cir. 2012) (determines level of scrutiny based on burden on rights)
- Nordyke v. King, 644 F.3d 776 (9th Cir. 2011) (substantial burden required for heightened scrutiny in some contexts)
- Romer v. Evans, 517 U.S. 620 (Supreme Court 1996) (equal protection review standards when no fundamental right or suspect class)
- Naz National Awareness Foundation v. Abrams, 50 F.3d 1159 (2d Cir. 1995) (fees serving administrative costs permissible)