22-3068-cv
Gazzola v. Hochul

                    UNITED STATES COURT OF APPEALS
                         FOR THE SECOND CIRCUIT



                              August Term, 2022

             Argued: March 20, 2023     Decided: December 8, 2023

                            Docket No. 22-3068-cv



   NADINE GAZZOLA, INDIVIDUALLY, and as co-owner, President, and as BATFE
Federal Firearms Licensee Responsible Person for Zero Tolerance Manufacturing,
Inc., SETH GAZZOLA, individually, and as co-owner, Vice President, and as BATFE
     FFL Responsible Person for Zero Tolerance Manufacturing, Inc., JOHN A.
 HANUSIK, individually, and as owner and as BATFE FFL Responsible Person for
  d/b/a AGA Sales, JIM INGERICK, individually, and as owner and as BATFE FFL
    Responsible Person for Ingerick’s LLC d/b/a Avon Gun & Hunting Supply,
      CHRISTOPHER MARTELLO, individually, and as owner and as BATFE FFL
  Responsible Person for Performance Paintball, Inc. d/b/a Ikkin Arms, MICHAEL
  MASTROGIOVANNI, individually, and as owner and as BATFE FFL Responsible
Person for Spur Shooters Supply, ROBERT OWENS, individually, and as owner and
      as BATFE FFL Responsible Person for Thousand Islands Armory, CRAIG
 SERAFINI, individually, and as owner and as BATFE FFL Responsible Person for
 Upstate Guns and Ammo, LLC, NICK AFFRONTI, individually, and as BATFE FFL
   Responsible Person for East Side Traders LLC, Empire State Arms Collectors
                                 Association, Inc.

                                                Plaintiffs-Appellants,

                                      — v. —
KATHLEEN HOCHUL, in her official capacity as Governor of the State of New York,
DOMINICK L. CHIUMENTO, in his official capacity as the Acting Superintendent of
   the New York State Police, ROSSANA ROSADO, in her official capacity as the
 Commissioner of the Department of Criminal Justice Services of the New York
State Police, LETICIA JAMES, in her official capacity as the Attorney General of the
                                State of New York,

                                                   Defendants-Appellees. *



                  Before: JACOBS, LYNCH, and LEE, Circuit Judges.



       Plaintiffs-Appellants are eight firearms and ammunition dealers, one
firearms pawnbroker, and one business organization. They appeal from an order
of the United States District Court for the Northern District of New York (Brenda
K. Sannes, C.J.) denying their motion for preliminary injunctive relief. They
argue that the district court erroneously rejected their claims that New York’s
commercial regulations on the sale of firearms and ammunition violates their
customers’ Second Amendment right to acquire firearms and ammunition, and
that several provisions of New York law conflict with, and are thus preempted
by, federal law. They also challenge the district court’s conclusion that they lack
standing to challenge New York’s licensing scheme for semiautomatic rifles, its
background-check requirement for ammunition purchases, and its firearms-
training requirement for concealed-carry licenses. We disagree. Appellants failed
to present any evidence that the challenged provisions of New York law will
threaten their customers’ right to acquire firearms, and they failed to show any
conflict between New York and federal law governing the sale and transfer of
firearms and ammunition. Finally, the individual Appellants lack standing


      * The Clerk of Court is respectfully directed to amend the caption to conform
to the above. Steven A. Nigrelli, formerly Superintendent of the New York State
Police, was sued in his official capacity. By operation of Federal Rule of Appellate
Procedure 43(c)(2), Dominic L. Chiumento was automatically substituted upon
assuming the office of Acting Superintendent of the New York State Police on
October 5, 2023, following Nigrelli’s retirement.


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because none of them are subject to New York’s background-