IN RE: Jay STALLARD (2025)

Judgment, Supreme Court, New York County (Judy H. Kim, J.), entered on or about January 30, 2024, denying the petition to vacate a determination by respondent New York City Police Department License Division (License Division) dated August 16, 2022, which denied petitioner's application for a rifle/shotgun permit, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously reversed, on the law, without costs, the judgment vacated and the matter remanded to the NYPD License Division to reconsider petitioner's application.

This dispute concerns the NYPD License Division's denial of petitioner's application for a rifle/shotgun permit on grounds that he was involved in three prior domestic violence incidents between 2011 and 2021.  Petitioner's application was denied just weeks before the U.S. Supreme Court issued its decision in New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022).  More recent federal case law has further clarified the constitutional parameters concerning an applicant's failure to show “good moral character” (see Antonyuk v. James, 120 F.4th 941 [2d Cir.2024], cert denied ––– U.S. ––––, 145 S.Ct. 1900, 221 L.Ed.2d 646 [2025]).  Although the article 78 court considered the implications of Antonyuk in rendering its decision, the License Division has since consented to reconsidering its determination based on these recent legislative and regulatory changes.  Accordingly, the matter is remanded for reconsideration.