Meissner v. City of New York
- Naomi Buchwald
- 1:23-cv-01907
- U.S. District Court · Southern District of New York
- 2
In Meissner v. City of New York, Judge Buchwald granted the New York Attorney General’s request to intervene to defend firearm-licensing laws.
New York Attorney General Letitia James was allowed to join the case as an intervenor for the limited purpose of defending the constitutionality of New York’s firearm-licensing laws.
What happened
In Meissner v. City of New York, New York Attorney General Letitia James asked to join the case for the limited purpose of defending New York’s firearm-licensing laws against a constitutional challenge. The parties agreed to the request.
The Attorney General said federal law gives her a right to intervene when a state law’s constitutionality is challenged and neither the State nor its officials is a party. She also said the request was timely.
The court granted the application. Judge Naomi Reice Buchwald allowed the Attorney General to intervene only to defend the constitutionality of New York’s firearm-licensing laws; this order did not decide whether those laws are constitutional.
The detailed version
- Meissner v. City of New York · No. 1:23-cv-01907
- Naomi Buchwald
- Apr. 1, 2024
Background
New York Attorney General Letitia James, who was not a party to the case, sought permission to intervene under 28 U.S.C. § 2403(b) and Federal Rule of Civil Procedure 24(a)(1). The requested intervention was limited to defending the constitutionality of New York’s firearm-licensing laws. The letter states that counsel for the parties consented to the intervention.
Reasoning Described in the Filing
The Attorney General asserted that federal law provides a statutory right to intervene in a case presenting a constitutional challenge to a state law when neither the State nor any state agency, officer, or employee is a party. She also asserted that the request was timely because it was filed within the thirty-day period set by the court’s February 22, 2024 order concerning the plaintiffs’ notice of a constitutional question.
Ruling
The court’s order states: “Application granted.” Judge Naomi Reice Buchwald therefore granted the Attorney General’s application to intervene for the limited purpose of defending the constitutionality of New York’s firearm-licensing laws. The text provided does not decide the underlying constitutional challenge or state whether the laws are constitutional.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.