`
`
`
`
`No. 20-843
`In the Supreme Court
`of the United States
`
`NEW YORK STATE RIFLE &
`PISTOL ASSOCIATION, INC., ET AL.,
`Petitioners,
`
`v.
`KEVIN P. BRUEN, IN HIS OFFICIAL CAPACITY
`AS SUPERINTENDENT NEW YORK STATE POLICE, ET AL.,
`Respondents.
`
`
`On Writ of Certiorari to the
`United States Court of Appeals
`for the Second Circuit
`
`
`AMICUS BRIEF OF THE NEW YORK
`COUNTY LAWYERS ASSOCIATION
`IN SUPPORT OF RESPONDENTS
`
`
`BENJAMIN G. SHATZ
`JACQUELINE C. WOLFF
`MATTHEW F. BRUNO
`Counsel of Record
`MANATT, PHELPS
`MANATT , PHELPS
`& PHILLIPS, LLP
`& PHILLIPS, LLP
`2049 Century Park East
`7 Times Square
`Los Angeles, CA 90067
`New York, NY 10036
`BShatz@manatt.com
`(212) 790-4500
`(310) 312-4000
`
`
`
`
`Counsel for Amicus Curiae
`New York County Lawyers Association
`
`
`
`
`
`
`
`
`
`i
`
`TABLE OF CONTENTS
`
`
`
`
`
`INTEREST OF AMICUS CURIAE ........................ 1
`SUMMARY OF ARGUMENT ................................ 3
`ARGUMENT ........................................................... 6
`
`The Proliferation of Concealed
`Weapons Places the Judiciary,
`Attorneys, and the Public at Undue
`Risk of Harm from Gun Violence ................. 6
`I.
`Courthouse Operations Are,
`By Their Very Nature,
`a Forum for Conflict .......................... 7
`Courthouse Violence
`Continues to Rise ............................. 13
`III. Violence Against Legal
`Professionals Continues to Rise ...... 17
`CONCLUSION ...................................................... 19
`
`II.
`
`
`
`
`
`ii
`
`TABLE OF AUTHORITIES
`
`
`
`CASES
`Bonidy v. U.S. Postal Serv.,
`790 F.3d 1121 (10th Cir. 2015)......................... 11
`District of Columbia v. Heller,
`554 U.S. 570 (2008) .................................... passim
`Ex Parte Cheney,
`90 Cal. 617 (1891) ............................................. 20
`
`STATUTES
`Cal. Penal Code §§ 26150–26225 ........................... 13
`Ga. Code Ann. §§ 16-11-126–130 ......................13, 19
`Minn. Stat. § 624.714 ............................................. 13
`Miss Code Ann. § 45-9-101 .................................... 13
`Nev. Rev. Stat. Ann. §§ 202.3653–202.369 ........... 13
`Ohio Rev. Code Ann. §§ 2923.124–125 .................. 13
`S.C. Code Ann. §§ 23-31-210–240 .......................... 13
`Wis. Stat. § 175.60 ................................................. 19
`
`OTHER AUTHORITIES
`ABA Report with Resolution 19A105
`(Standing Committee on Gun Violence)
`(Aug. 2019), available at
`https://www.americanbar.org/groups/publ
`ic_interest/gun_violence/policy/19A105/. ......... 16
`
`
`
`
`
`iii
`
`TABLE OF AUTHORITIES
`(continued)
`
`
`
`ABA, Report with Resolution 11A115
`(Standing Committee on Gun Violence)
`(Aug. 2011), available at
`https://www.americanbar.org/groups/publ
`ic_interest/gun_violence/policy/11A115/ .......... 16
`Adam Lamparello, Why Wait Until The
`Crime Happens? Providing for the
`Involuntary Commitment of Dangerous
`Individuals Without Requiring a Showing
`of Mental Illness,
`41 Seton Hall L. Rev. 875 (2011) ..................... 10
`Alison Dirr & Andy Thompson, When Domestic
`Violence Becomes a Public Risk, Wausau
`Daily Herald (Mar. 25, 2017), available at
`https://www.wausaudailyherald.com/story/
`news/2017/03/25/when-domestic-violence-
`becomes-public-risk/99558086/. ....................... 18
`Associated Press, Man Arrested in March
`2020 Shooting of a Judge, U.S. News
`(Mar. 15, 2021), available at
`https://www.usnews.com/news/best-
`states/mississippi/articles/2021-03-
`15/man-arrested-in-march-2020-shooting-
`of-a-judge ........................................................... 12
`Chief Administrator of the Courts, New York
`State Unified Court System 2020 Annual
`Report (2020), available at
`https://www.nycourts.gov/legacypdfs/20-
`UCS-Annual-Report.pdf. .................................. 17
`
`
`
`
`
`iv
`
`TABLE OF AUTHORITIES
`(continued)
`
`
`
`CNN Editorial Research, Atlanta Courthouse
`Shootings Fast Facts, CNN (Mar. 1,
`2021), available at
`https://www.cnn.com/2013/10/31/us/atlant
`a-courthouse-shootings-fast-
`facts/index.html .................................................. 9
`David Bailey, Sheriff Says Heroes Averted Worse
`Courthouse Shooting, Reuters (Dec. 16,
`2011), available at https://www.reuter
`s.com/article/us-minnesota-courthouse-s
`hooting/sheriff-sa ys-heroes-averted-worse-
`courthouse-shooting-
`idUKTRE7BF1Y820111216 ............................. 11
`David Struett & Sophie Sherry, 2 Killed in
`‘Brazen’ Gang-Related Shooting Outside
`Kankakee County Courthouse, Police Say,
`Chicago Sun Times (Aug. 27, 2021),
`available at
`https://chicago.suntimes.com/crime/2021/
`8/26/22643014/kankakee-courthouse-
`shooting-gang-related ....................................... 13
`Dow Constantine, Citizens Have a Right to
`Safety in the Courthouse,
`28 Justice Sys. J. 36 (2007) .......................... 8, 18
`
`
`
`
`
`v
`
`TABLE OF AUTHORITIES
`(continued)
`
`
`
`Eric H. Holder, Attorney General Eric Holder
`Speaks at the 15th Annual National
`Action Network Convention, Department
`of Justice (Apr. 4, 2013), available at
`https://www.justice.gov/opa/speech/attorn
`ey-general-eric-holder-speaks-the15th-
`annual-national-action-network-
`convention ........................................................... 1
`Ethan Fry, Police: Bridgeport Courthouse
`Shooting Linked to Weekend Homicide,
`CT Post (Jan. 27, 2020), available at
`https://www.ctpost.com/local/article/3-
`reported-shot-at-Bridgeport-courthouse-
`15007621.php .................................................... 13
`Frederick S. Calhoun, Violence Toward
`Judicial Officials, 576 Annals of the
`Am. Acad. of Pol. & Soc. Sci. 54 (2001) .............. 8
`Gregg W. Etter & Warren G. Swymeler,
`Research Note: Courthouse Shootings
`1907-2007,
`14(1) Homicide Studies 90 (2010). ................... 15
`Jeffrey Collins, Mom Says Victim in S.C.
`Courthouse Shooting was Ambushed, The
`August Chronicle (Feb. 14, 2013),
`available at
`https://www.augustachronicle.com/article/
`20130214/NEWS/302149900 ............................ 12
`
`
`
`
`
`vi
`
`TABLE OF AUTHORITIES
`(continued)
`
`
`
`Joshua Hoyos & Emily Shapiro, Man Who
`Allegedly Shot Ohio Judge was Father of
`Football Player Convicted in Steubenville
`Rape Case, ABC News (Aug. 22, 2017),
`available at
`https://abcnews.go.com/US/ohio-judge-
`shot-courthouse-suspect-dead-
`custody/story?id=49333732. ............................. 12
`Judge Chuck Weller, What Judges Should
`Know About Court-Related Violence,
`53:3 Judges’ J. 28 (2014). ............................15, 18
`Lorelei Laird, The Job is Killing Them:
`Family Lawyers Experience Threats,
`Violence, ABA Journal (Sept. 1, 2018),
`available at
`https://www.abajournal.com/magazine/art
`icle/the_job_is_killing_them_family_lawy
`ers_experience_threats_violence ...................... 17
`Martin Kaste, Heavily Armed Gunman Shot Dead
`Outside Federal Courthouse In Dallas,
`NPR (June 18, 2019), available at
`https://www.npr.org/2019/06/18/733568066/dal
`las-police-fatally-shoot-heavily-armed-
`gunman-outside-federal-courthouse-buil ......... 13
`Peter Y. Hong, Man Given Life Term for
`Shooting Lawyer, Los Angeles Times
`(Mar. 18, 2006), available at
`https://www.latimes.com/archives/la-xpm-
`2006-mar-18-me-lawyer18-story.html ............. 12
`
`
`
`
`
`vii
`
`TABLE OF AUTHORITIES
`(continued)
`
`
`
`Raisa Habersham, Attorney Killed by Client’s
`Husband in Murder-Suicide, Officials
`Say, The Atlanta Journal-Constitution
`(June 21, 2018), available at
`https://www.ajc.com/news/crime--
`law/breaking-homicide-investigation-
`underway-cartersville/raLdF7XXoGnW0
`MStJZRUsM/ .................................................... 19
`Richard W. Carter, Keeping a Secure Courthouse,
`76 Judicature 314 (1993) ................................ 7, 8
`Seth A. Richardson, Darren Mack Case: Reno
`Judge Reflects On Assassination Attempt,
`Reno Gazette Journal (June 12, 2016),
`available at
`https://www.rgj.com/story/news/crime/201
`6/06/12/10-years-later-reno-judge-reflects-
`assassination-attemp t/85708968/ ................... 10
`Shaila Dewan, et al., Man Flees After Killing
`Judge and 2 Others at Atlanta Court,
`N.Y. Times (Mar. 11, 2005), available at
`https://www.nytimes.com/2005/03/11/nati
`onal/man-flees-after-killing-judge-and-2-
`others-at-atlanta-court.html .............................. 9
`Stephen D. Kelson, Violence in the Legal
`Profession: A Study of Our Colleagues
`Nationwide, available at
`https://paralegals.utahbar.org/uploads/9/1
`/9/4/91940160/violence_in_the_legal_profe
`ssion_-_stephen_kelson.pdf .............................. 17
`
`
`
`
`
`viii
`
`TABLE OF AUTHORITIES
`(continued)
`
`
`
`Timm Fautsko, et al., Courthouse Security
`Incidents Trending Upward: The
`Challenges Facing State Courts Today,
`Nat’l Ctr. State Courts (2012), available
`at https://ncsc.contentdm.oclc.org/digital
`/collection/facilities/id/163/ ............................... 14
`
`
`
`
`
`
`
`
`
`
` 1
`
`
`
`
`
`INTEREST OF AMICUS CURIAE1
`The New York County Lawyers Association
`(“NYCLA”)
`is
`a not-for-profit membership
`organization founded in 1908 and was one of the first
`major bar associations in the country to admit
`members without regard to race, ethnicity, religion,
`or gender. NYCLA’s 7,000 members practice law
`throughout the New York City metropolitan area.
`Since its inception, NYCLA has pioneered some of
`the most far-reaching and tangible reforms in
`American
`jurisprudence and has continuously
`played an active role in legal developments and
`public policy. NYCLA has a particular interest in
`governmental actions and the constitutional rights
`of individuals in New York County. NYCLA has
`been an active proponent of reasonable gun
`legislation, including legislation designed to address
`mass shootings and regulatory measures to address
`the proliferation of untraceable “ghost guns.”2
`
`
`1 All parties consent to the filing of this brief. No counsel for
`any party authored any part of this brief. No person or entity
`other than Amicus made a monetary contribution for
`preparation or submission of this brief.
`2 Eric H. Holder, Attorney General Eric Holder Speaks at the
`15th Annual National Action Network Convention,
`Department of Justice (Apr. 4, 2013), available at https://www.
`justice.gov/opa/speech/attorney-general-eric-holder-speaks-the
`15th-annual-national-action-network-convention (mentioning
`NYCLA report on mass shootings).
`
`
`
`
`
`
`
`2
`
`Petitioners’ arguments, if accepted by this Court,
`would
`jeopardize
`longstanding prohibitions of
`firearms in sensitive areas, including courthouses,
`as observed by Respondents.3 Gun violence at
`courthouses is, sadly, an increasing problem, and
`the targets of that violence are frequently judges and
`lawyers. NYCLA’s members, who work and practice
`in and around the courts, are extremely concerned
`about this rising trend. As an organization of
`lawyers, NYCLA has a direct and vital interest in
`the issues before this Court.
`Indeed, as part of their ethical and professional
`responsibilities, lawyers and jurists interact with
`angry and unhappy people in trying circumstances
`on a daily basis. Proximity to people at their most
`vulnerable and emotional moments is hard enough
`under normal circumstances, but it can create a
`tinderbox when people in trying circumstances are
`armed with handguns or concealable weapons.
`Moreover, NYCLA is based in Manhattan, one of
`the most densely populated areas of the country. For
`well over a century, New York City has been a place
`where only law enforcement and those who can
`demonstrate proper cause have been able to carry
`firearms outside the home. This rule is rational and
`understandable, given the realities of city life. It also
`comports with years of jurisprudence permitting
`local regulations regarding the carrying of firearms
`in dense, urban, populated areas. In fact, to people
`who live, work, and practice law in Manhattan,
`
`3 Br. for Resp’ts 2, 36 n.18.
`
`
`
`
`
`
`
`
`
`
`those
`eliminating
`unimaginable.4
`
`3
`
`regulations would
`
`be
`
`SUMMARY OF ARGUMENT
`The core right of people to protect themselves
`identified in Heller is implicated only marginally, if
`at all, by a
`law that rationally
`limits the
`circumstances under which guns can be carried
`outside one’s home or business, such as on subways,
`buses, crowded city streets, and public parks and
`buildings, including in the vicinity of courthouses
`and government buildings, by requiring a showing of
`proper cause.
`As New Yorkers, we urge a recognition of the
`special problems associated with the carrying of
`concealed weapons in densely populated urban
`areas. As an organization whose membership
`includes lawyers and judges, we ask this Court to
`imagine a New York where anyone could carry a gun
`in or near the courthouse, or in close proximity to a
`government building or to an attorney’s office or
`home.
`Imagine a New York City where concealed
`weapons are ubiquitous. Imagine a hot, muggy
`afternoon in Times Square where armed strangers
`collide with one another, even inadvertently, while
`rushing to a crowded office building, restaurant, or
`theater. It is not hard to imagine a wayward glance,
`or an exchange of words, escalating into a firefight.
`
`4 The views expressed here are those of the officers of NYCLA
`only, have not been approved by the NYCLA Board of
`Directors, and do not necessarily represent the views of the
`Board.
`
`
`
`
`
`
`
`
`
`4
`
`Imagine a crowded, Manhattan tavern where
`armed patrons disagree about politics, a sporting
`event, or a romantic interest, or even about who was
`saving a vacant barstool for someone. It is not hard
`to imagine a devastatingly unhappy result.
`Imagine riding on a crowded subway train when
`many or most of those around you carry concealed
`handguns. Would an inadvertent push or a quizzical
`look at the wrong person, at the wrong time, cost you
`your life or the life of an innocent bystander
`unwittingly sitting in the bullet’s path? It is not hard
`to believe that it might.
`Now
`imagine the steps of a Manhattan
`courthouse, where armed
`individuals conceal
`themselves in a crowd and lie in wait for an opposing
`party, for an adverse witness, for a judge whom they
`perceive as biased, or for a lawyer whom they believe
`caused an unjust outcome. Would it not be easy to
`take revenge with a gunshot and disappear into the
`crowd? Can we imagine this happening? Should
`lawyers, litigants, witnesses, and judges live every
`day in fear that it might? And how would that
`impact on our judicial system? If New York’s
`regulatory scheme is repealed, it could have
`devastating consequences.
`New York
`is emblematic of urban and
`surrounding areas where tens of millions of
`Americans live, work, and socialize. At the same
`time, New York’s distinctive personality must be
`factored into this equation. We New Yorkers are
`known for our strong personalities. What happens
`then, when people are carrying concealed firearms
`during their daily interactions with others, which
`
`
`
`
`
`
`
`5
`
`
`not infrequently escalate into heated debates? More
`specifically, as practicing lawyers—especially in
`family and criminal law matters, where emotions
`run high—we know that self-control is easily lost.
`What happens when armed individuals learn they
`are losing custody of a child? Or that their
`significant other has filed for divorce? Or that they
`are being sentenced to prison? The raw emotional
`instinct to lash out may be overwhelming. And those
`closest at hand are judges and lawyers, as well as
`victims and other litigants. These realities have
`caught the attention of local and national bar
`associations alike, who have expressed concerns
`regarding the continued rise in gun violence and
`have advocated for new policies and regulations in
`response.
`By their very nature, courthouses are venues for
`conflict that often impact one’s life and future. Court
`personnel are often the targets of violence by
`aggrieved litigants acting on their own perceptions
`of justice. Recent studies reflect a rising trend in
`threats and violence directed towards those who
`work in courthouses—a trend NYCLA fears will only
`worsen if firearms become commonplace on the
`streets of New York.
`Significantly, states with “shall issue” licensing
`schemes have greater incidents of gun violence,
`particularly in the courtroom context. And those
`states do not have such densely populated places as
`Manhattan, which by its nature breeds strong
`emotions and conflict. New York’s decision over a
`century ago to adopt a “proper cause” licensing
`scheme reflects the State’s well-founded concern
`regarding the safety of its populace—an interest
`
`
`
`
`
`
`
`6
`
`
`recognized in Heller. This Court should affirm that,
`just like Texas is Texas, New York is New York, and
`its partial, not full, grant of Petitioners’ applications
`for concealed-carry licenses was based on well-
`founded local concerns and Petitioners’ showing of a
`need for self-defense. Allowing New York deference
`in this regard is consistent with Heller and does not
`violate the Second Amendment.
`ARGUMENT
`The Proliferation of Concealed Weapons
`Places the Judiciary, Attorneys, and the
`Public at Undue Risk of Harm from Gun
`Violence
`An individual’s right to bear arms outside the
`home is not unfettered and does not take precedence
`over a State’s interest in protecting public safety.
`That public-safety interest is paramount in densely
`populated places like New York City and in
`government buildings such as courthouses.
`Petitioners heavily rely on a single sentence from
`this Court’s opinion in District of Columbia v. Heller,
`554 U.S. 570, 628 (2008)—that “the inherent right of
`self-defense has been central to the Second
`Amendment right.” This right, however, is “not
`unlimited,” and the Heller majority expressly
`cautioned that its opinion “should [not] be taken to
`cast doubt on longstanding prohibitions” such as
`“laws forbidding the carrying of firearms in sensitive
`places such as schools and government buildings, or
`laws imposing conditions and qualifications on the
`commercial sale of arms.” Id. at 626-27 (emphasis
`added). Petitioners, therefore, are wrong to argue
`
`
`
`
`
`
`
`7
`
`
`that New York’s regulatory framework must be
`dismantled, simply because they desire to carry
`concealed firearms in heavily populated areas.
`Instead, because New York’s “proper cause”
`standard furthers the State’s legitimate and well-
`founded interest in maintaining public safety, it is
`consistent with the Constitution.
`Nevertheless, Petitioners and their amici argue
`for prioritizing their individual interests, without
`considering the added dangers presented to the
`public. There is, by now, incontrovertible evidence
`that the proliferation of firearms in urban areas is
`associated with an increase in gun violence.5 This
`compromises public safety, including the safety of
`the very courthouses in which our judicial system
`functions.
`Courthouse Operations Are, By Their
`I.
`Very Nature, a Forum for Conflict
`A courthouse is a forum for conflict—a venue
`open to the public to address and resolve disputes,
`which can frequently become emotionally charged.6
`In these proceedings, lawyers argue, and judges
`decide, matters that impact life, liberty, and
`
`
`5 See Br. of Amici Curiae Soc. Scientists and Pub. Health Rschs.
`in Support of Resp’ts.
`6 Richard W. Carter, Keeping a Secure Courthouse, 76
`Judicature 314, 314 (1993) (“The courthouse is a place where
`moods, personalities, and lives come together at a time of
`disagreement. It is possible for a person to lose control of his
`behavior at any type of court proceeding.”).
`
`
`
`
`
`
`
`8
`
`
`property.7 To aggrieved parties—with their own
`personal perceptions of justice (or injustice)—this
`can trigger violent responses. This is especially true
`in family and criminal matters.8 “Violence toward
`judicial officials does not occur by happenstance or
`as a political or symbolic statement. Rather, it
`derives from the judicial process itself.”9 These
`concerns are amplified should
`individuals be
`generally permitted to carry concealed firearms in
`the vicinity of crowded, urban court buildings
`without establishing proper cause.
`In fact, even if a person might have some cause
`to carry a firearm for self-defense, that should not
`outweigh the State’s interest in regulating the
`carrying of dangerous weapons in a dense, urban
`environment. After all, even a trained marksman
`who fires in self-defense on a crowded, Manhattan
`street is likely to hit an innocent bystander—if, for
`instance, a pedestrian suddenly moves into the line
`
`7 Frederick S. Calhoun, Violence Toward Judicial Officials, 576
`Annals of the Am. Acad. of Pol. & Soc. Sci. 54, 55 (2001)
`(“Frequently, [disputants] bring before the bar an intense
`emotional investment in how the case should be resolved. … In
`deciding the case, the courts can take their, liberty, or
`property.”).
`8 Dow Constantine, Citizens Have a Right to Safety in the
`Courthouse, 28 Justice Sys. J. 36, 37 (2007) (“Courthouse
`shootings are often intensely personal. Half the shootings
`involved family-law disputes such as child-custody or child-
`support hearings, divorces, or no-contact-order cases involving
`family members”); Carter, Keeping a Secure Courthouse, 76
`Judicature at 314 (“Criminal and domestic relations cases are
`the source of a great number of acts of violence.”).
`9 Calhoun, Violence Toward Judicial Officials, 576 Annals of
`the Am. Acad. of Pol. & Soc. Sci. at 55.
`
`
`
`
`
`
`
`9
`
`
`of fire at the last second, or if the intended target
`jumps away, leaving an unlucky bystander in the
`bullet’s path. For that reason, it is rational for a
`densely populated state like New York to reserve the
`right to carry concealed weapons to a limited group
`of people whose need for a firearm, and whose skill
`at using it, is well documented.
`And then, of course, there is the danger that if
`concealed carry in a place like New York City
`becomes
`the
`norm,
`emotionally
`charged
`circumstances will escalate into tragedy all too
`often. Given recent trends, the victims will likely
`include lawyers and even judges.
`The 2005 shooting of Judge Rowland Barnes in
`Georgia is a grim example of the dangers judges face
`when presiding over highly emotional matters.10
`The assailant, Brian Nichols, was in custody for rape
`charges.11 While being escorted to the court for trial,
`Nichols disarmed a sheriff’s deputy of her firearm,
`and proceeded to fire a fatal shot at the judge.12
`Nichols was
`later apprehended, charged, and
`convicted for the deaths of Judge Barnes and his
`court reporter.13 While, as noted, Nichols did not
`
`10 Shaila Dewan, et al., Man Flees After Killing Judge and 2
`Others at Atlanta Court, N.Y. Times (Mar. 11, 2005), available
`at
`https://www.nytimes.com/2005/03/11/national/man-flees-
`after-killing-judge-and-2-others-at-atlanta-court.html.
`11 Id.
`12 CNN Editorial Research, Atlanta Courthouse Shootings Fast
`Facts, CNN (Mar. 1, 2021), available at https://www.cnn.com
`/2013/10/31/us/atlanta-courthouse-shootings-fast-facts/index.h
`tml.
`13 Id.
`
`
`
`
`
`
`
`10
`
`
`obtain the gun by lawful means, this incident
`illustrates the dangers that judges face when
`presiding over trials in which a person’s life, liberty,
`or fortune hangs in the balance.14
`In 2006, Nevada family court Judge Chuck
`Weller survived an assassination attempt by Darren
`Mack, who fired shots into the judge’s chambers
`from a courthouse parking lot.15 Judge Weller was
`presiding over a contentious divorce proceeding
`involving Mack and his estranged wife, whom Mack
`had murdered earlier that day.16
`In 2011, a county courthouse in Minnesota came
`under gunfire after the shooter, Daniel Schlienz—
`
`14 NYCLA recognizes that, as a convicted felon, Nichols would
`not, under any scheme—including a “shall issue” state—have
`been able to obtain a permit, provided the state also conducts
`a background check. That said, “longstanding prohibitions on
`the possession of firearms by felons and the mentally ill”
`(Heller, 554 U.S. at 626) are not always effective, and even a
`prohibited purchaser like Nichols can obtain a permit where no
`proper cause is required. For example, Seung-Hui Cho—the
`gunman responsible for the 2007 Virginia Tech massacre—was
`able to purchase two handguns, despite a court order finding
`him mentally ill, a finding that should have rendered him a
`prohibited purchaser under Federal
`law. See Adam
`Lamparello, Why Wait Until The Crime Happens? Providing
`for the Involuntary Commitment of Dangerous Individuals
`Without Requiring a Showing of Mental Illness, 41 Seton Hall
`L. Rev. 875, 881-83 (2011).
`15 Seth A. Richardson, Darren Mack Case: Reno Judge Reflects
`On Assassination Attempt, Reno Gazette Journal (June 12,
`2016), available at https://www.rgj.com/story/news/crime/2016/
`06/12/10-years-later-reno-judge-reflects-assassination-attemp
`t/85708968/.
`16 Id.
`
`
`
`
`
`
`
`11
`
`
`who was in custody after being convicted of criminal
`sexual conduct—was permitted to
`leave the
`leaving
`courthouse unsupervised.17 After
`the
`courthouse, Schlienz grabbed a handgun from his
`truck, re-entered the courtroom, and opened fire at
`the prosecutor, a witness from his trial, and the
`courtroom bailiff.18
`To be sure, Heller and its progeny have reinforced
`longstanding jurisprudence permitting prohibitions
`on guns in government buildings.19 But this does not
`obviate NYCLA’s concerns about the security of
`judges, lawyers, and the buildings in which they
`work. As demonstrated by the examples above, guns
`and bullets can still make their way
`into
`courthouses. Moreover, gun violence frequently
`occurs outside the courthouse, when judges, court
`officials, litigants, and others are entering or leaving
`the building.
`
`
`17 David Bailey, Sheriff Says Heroes Averted Worse Courthouse
`Shooting, Reuters (Dec. 16, 2011), available at https://www.re
`uters.com/article/us-minnesota-courthouse-shooting/sheriff-sa
`ys-heroes-averted-worse-courthouse-shooting-idUKTRE7BF1
`Y820111216.
`18 Id.
`19 Heller, 554 U.S. at 626-27 (recognizing that Second
`Amendment rights do not supersede
`“long standing
`prohibitions on the possession of firearms by felons and the
`mentally ill, or laws forbidding the carrying of firearms in
`sensitive places such as schools and government buildings, or
`laws imposing conditions and qualifications on the commercial
`sale of arms”); Bonidy v. U.S. Postal Serv., 790 F.3d 1121, 1125
`(10th Cir. 2015) (“the Second Amendment right to carry
`firearms does not apply to federal buildings, such as post
`offices”).
`
`
`
`
`
`
`
`
`
`12
`
`For instance, in 2003, a California attorney was
`shot several times as he was leaving a Los Angeles
`courthouse.20 The attorney was managing a trust
`that his assailant “felt was denying him money.”21
`In February 2013, a woman was critically shot as
`she was leaving a courthouse in South Carolina.22
`The woman had come to the courthouse for a child
`support hearing. But instead of attending the
`hearing, the father of her child waited for her in the
`courthouse parking lot and opened fire.23
`Similarly, in 2017, an Ohio state court judge was
`ambushed and shot while entering the courthouse.24
`More recently, in March 2020, a Mississippi
`chancery judge was shot while getting out of his
`vehicle in the courthouse parking lot.25 Six of the
`
`20 Peter Y. Hong, Man Given Life Term for Shooting Lawyer,
`Los Angeles Times (Mar. 18, 2006), available at https://www.la
`times.com/archives/la-xpm-2006-mar-18-me-lawyer18-story.ht
`ml.
`21 Id.
`22 Jeffrey Collins, Mom Says Victim in S.C. Courthouse
`Shooting was Ambushed, The August Chronicle (Feb. 14,
`2013), available at https://www.augustachronicle.com/article/2
`0130214/NEWS/302149900.
`23 Id.
`24 Joshua Hoyos & Emily Shapiro, Man Who Allegedly Shot
`Ohio Judge was Father of Football Player Convicted in
`Steubenville Rape Case, ABC News (Aug. 22, 2017), available
`https://abcnews.go.com/US/ohio-judge-shot-courthouse-
`at
`suspect-dead-custody/story?id=49333732.
`25 In Mississippi, chancery judges primarily handle family
`matters, such as divorce and child custody disputes. See
`Associated Press, Man Arrested in March 2020 Shooting of a
`
`
`
`
`
`
`
`
`13
`
`
`seven incidents described above occurred in states
`with “shall issue” licensing regimes.26 Beyond that,
`courthouses have also been at the center of gang-
`related violence27 and mass-shootings.28
`Courthouse Violence Continues to
`II.
`Rise
`Recent studies on gun violence occurring at
`courthouses further support NYCLA’s concern that
`adopting a more lenient licensing regime would lead
`to increased gun violence at or near courthouses in
`dense, urban areas.
`According to a study prepared by the National
`Center for State Courts (the “Center”) violent
`
`at
`2021),
`Judge, U.S. News
`(Mar. 15,
`available
`https://www.usnews.com/news/best-states/mississippi/articles/
`2021-03-15/man-arrested-in-march-2020-shooting-of-a-judge.
`26 Compare Ga. Code Ann. §§ 16-11-126–130; Ohio Rev. Code
`Ann. §§ 2923.124–125; Nev. Rev. Stat. Ann. §§ 202.3653–
`202.369; Minn. Stat. § 624.714; Miss Code Ann. § 45-9-101;
`S.C. Code Ann. §§ 23-31-210–240, with Cal. Penal Code
`§§ 26150–26225.
`27 David Struett & Sophie Sherry, 2 Killed in ‘Brazen’ Gang-
`Related Shooting Outside Kankakee County Courthouse, Police
`Say, Chicago Sun Times (Aug. 27, 2021), available at
`https://chicago.suntimes.com/crime/2021/8/26/22643014/kank
`akee-courthouse-shooting-gang-related; see also Ethan Fry,
`Police: Bridgeport Courthouse Shooting Linked to Weekend
`Homicide, CT Post
`(Jan. 27,
`2020),
`at
`available
`https://www.ctpost.com/local/article/3-reported-shot-at-
`Bridgeport-courthouse-15007621.php.
`28 Martin Kaste, Heavily Armed Gunman Shot Dead Outside
`Federal Courthouse In Dallas, NPR (June 18, 2019), available
`at
`https://www.npr.org/2019/06/18/733568066/dallas-police-
`fatally-shoot-heavily-armed-gunman-outside-federal-courthou
`se-buil.
`
`
`
`
`
`
`
`14
`
`judiciary have
`
`
`incidents directed towards the
`increased every year since 1970:
`The number of threats and violent
`incidents targeting the judiciary has
`increased dramatically in recent
`years. At the federal level, the U.S.
`Marshals Service’s Center
`for
`Judicial Security
`reports
`the
`number
`of
`judicial
`threat
`investigations has increased from
`592 cases in fiscal year 2003 to 1,258
`cases by the end of fiscal year 2011.
`At the state and local levels, the
`most informative data about state
`courts comes from studies conducted
`by the Center for Judicial and
`Executive Security (CJES). Their
`data show that the numbers of
`violent
`incidents
`in
`state
`courthouses has gone up every
`decade since 1970.29
`Between 1970 and 2009, the study reported 199
`“violent incidents in state courthouses.”30 The study
`also reported that many of these incidents were
`“case related,” meaning “the person committing or
`plotting [the] violent act was involved in a past or
`
`29 Timm Fautsko, et al., Courthouse Security Incidents
`Trending Upward: The Challenges Facing State Courts Today,
`Nat’l
`Ctr.
`State
`Courts
`(2012),
`at
`available
`https://ncsc.contentdm.oclc.org/digital/collection/facilities/id/1
`63/.
`30 Id. (defining “incidents” to include shootings, bombings, and
`arson attacks at or near courthouses).
`
`
`
`
`
`
`
`15
`
`
`present matter before the court.”31 More recently,
`between 2000 and 2011, 102 violent incidents
`occurred
`in state courts.32 This, the Center
`concluded, “clearly” indicates that violent incidents
`“are on the rise.”33 A separate study, focused
`exclusively on gun violence in courthouses, further
`reflects the upward trend in violence.34 More than
`60% of reported courthouse shooting incidents
`between 1907 and 2007 have occurred in the last
`twenty years.35
`This upward trend in courthouse shootings has
`caught the attention of judges, lawyers, and bar
`associations—all of whom stress the need to consider
`alternative measures, in addition to enhanced
`security, to address this spike in gun violence. For
`instance, Judge Weller, who
`survived an
`assassination attempt
`in 2006, observed that
`weapon-detection technology and advanced security
`systems “have proven to be insufficient”—pointing
`to the fact that “incidences of violence continue to
`increase” and “[c]ourthouse shootings, bombings,
`and arson attacks have doubled over the last two
`decades.”36
`
`
`
`31 Id.
`32 Id.
`33 Id.
`34 Gregg W. Etter & Warren G. Swymeler, Research Note:
`Courthouse Shootings 1907-2007, 14(1) Homicide Studies 90,
`95 (2010).
`35 Id.
`36 Judge Chuck Weller, What Judges Should Know About
`Court-Related Violence, 53:3 Judges’ J. 28, 29 (2
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