Frey v. Nigrelli

Defending New York’s firearms licensing and sensitive-places laws.

Court: Southern District of New York; Second Circuit

Issue at Stake: Background checks; Licensing/registration; Sensitive places

Summary: Frey v. Nigrelli is a challenge to certain New York State and City restrictions on public carry. Among other things, plaintiffs challenge provisions of the Concealed Carry Improvement Act that regulate carrying firearms in parks, places that serve alcohol, theaters, subway cars, Times Square, and on the private property of others.

Everytown submitted an amicus brief in the United States District Court for the Southern District of New York in support of New York. The brief raises four main points in arguing that the challenged regulations are constitutional under the approach to Second Amendment cases set out in New York State Rifle & Pistol Ass’n v. Bruen. First, it explains that plaintiffs have not met their burden to establish that the Second Amendment’s plain text covers their proposed conduct. Second, it argues that the court should center its historical analysis on 1868 as opposed to 1791, and should also consider later laws. Third, the brief explains that even a small number of laws can be sufficient to establish a tradition of firearm regulation under Bruen’s analysis. Finally, the brief shows how the plaintiff’s arguments are both inaccurate in terms of the historical analysis and unlikely to succeed on the merits.

Decision: On March 13, 2023, the Southern District of New York rejected plaintiffs’ challenges to the State and City’s licensing requirements and to the State’s firearm restrictions on public transit and in Times Square. The court stayed consideration of other aspects of the laws—such as the prohibition on guns in parks, places that serve alcohol, theaters, and playgrounds—pending resolution of similar claims in the Second Circuit.

Case Documents