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NEW YORK CITY, NY — Nine New York City residents who applied for concealed carry licenses have filed a federal lawsuit against the City of New York, accusing the city of unconstitutional delays in processing their applications. The case, Milani et al. v. New York City, was filed in the United States District Court for the Southern District of New York and directly challenges the New York Police Department’s License Division over excessive, unreasonable, and unjustifiable processing times that plaintiffs say violate their Second Amendment rights.
Allegations in the Lawsuit
The plaintiffs, who applied for various types of firearms licenses including concealed carry permits, say the city’s licensing process is plagued by administrative dysfunction, causing applications to languish for months—or even years. Despite New York State law requiring decisions on firearm license applications within six months, the complaint documents widespread violations of that legal deadline.
The lawsuit describes the licensing process as riddled with bureaucratic roadblocks:
- Fingerprinting Delays: After submitting an application, many applicants wait months to be fingerprinted, an essential step before their application can proceed.
- Confusing Document Demands: Applicants are routinely asked to resubmit documents already provided, or to submit forms that were never initially required.
- No Assigned Investigator: Applications often sit untouched in the system for months after fingerprinting, with no investigator assigned to review them.
- Missed Legal Deadlines: Despite the six-month statutory requirement for a decision, many applicants are left waiting well beyond a year.
Second Amendment and Due Process Claims
The plaintiffs argue these persistent delays amount to a de facto denial of their right to keep and bear arms. The lawsuit claims the city is violating the Second and Fourteenth Amendments
by obstructing lawful citizens from obtaining concealed carry licenses. The complaint seeks a court order forcing the city to comply with the six-month deadline, as well as damages and legal fees.
Background: A Post-Bruen Battle
This lawsuit emerges after the landmark 2022 Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, which struck down New York’s restrictive “proper cause” requirement for concealed carry licenses. Following Bruen, New Yorkers flooded the NYPD’s License Division with concealed carry applications, but this lawsuit claims that instead of streamlining the process, the city has doubled down on unnecessary delays and administrative inefficiency.
Implications for Lawful Self-Defense
For residents seeking to lawfully carry a concealed firearm for self-defense, these delays could have serious consequences. Being forced to wait more than a year leaves applicants unarmed and vulnerable while their paperwork drags through a broken system. Although background checks and verification are expected, arbitrary delays are not.
If the plaintiffs succeed, this case could reshape the way New York City handles concealed carry license applications—potentially forcing the city to adopt a more efficient, transparent, and timely process that better respects constitutional rights.
Support the Fight for Second Amendment Rights
The plaintiffs, along with supporters from the New York 2A community, have launched a GoFundMe campaign to help fund this critical legal battle. The campaign, titled “Support the New York 2A Community’s Legal Battle,” aims to raise awareness and gather financial support to sustain the lawsuit as it progresses through the courts. Those who want to stand with these plaintiffs and support their fight for timely access to their constitutional rights can contribute directly at: Support the New York 2A Community’s Legal Battle.
This case has the potential to set a vital precedent for concealed carry applicants not just in New York City, but across the country where bureaucratic delays are used to obstruct lawful gun ownership.
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