SCOPE, Inc. v. Pataki

386 F. Supp. 2d 184 (2005)

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SCOPE, Inc. v. Pataki

United States District Court for the Western District of New York
386 F. Supp. 2d 184 (2005)

  • Written by Eric Miller, JD

Facts

The New York legislature passed a law requiring instant criminal-background checks for any sale or transfer or a firearm at a gun show. The law defined “gun show” to include any event sponsored by an organization devoted to the collection or use of firearms. The Shooters Committee on Political Education, Inc. (SCOPE) (plaintiff), a gun-rights group, brought suit against Governor George Pataki and other state officials (defendants) to challenge the law in the United States District Court for the Western District of New York. One of SCOPE’s claims was that the law’s definition of “gun show” was overly broad. The state officials moved for judgment on the pleadings or dismissal. SCOPE cross-moved for partial summary judgment and injunctive relief.

Rule of Law

Issue

Holding and Reasoning (Siragusa, J.)

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Casebooks

Firearms Law

Key Terms

  • Freedom of AssociationThe individual right, embodied in the First Amendment, to collectively express, promote, pursue, and advocate for common interests and beliefs.
  • Freedom of SpeechRight contained in the First Amendment guaranteeing that an individual may speak or otherwise express himself without restriction or punishment by the government.
  • Motion for Judgment on the PleadingsA party’s request that a court rule in the party's favor based on the pleadings as filed, without accepting evidence, often because the pleadings disclose that there are no material issues of fact to be resolved and that the party is entitled to judgment as a matter of law.

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