Legal Opinion

Osterweil v. Bartlett

Court of Appeals for the Second Circuit

Decided January 29, 2013No. 11-2420-CVPublishedCited by 31 opinions

1Opinion of the Court

O’CONNOR, Supreme Court Justice (Ret.):

This case asks us to evaluate the constitutionality of certain aspects of New York’s handgun licensing regime. As we explain, we believe we should not reach that question before certifying a predicate question of state law to the New York Court of Appeals.

I

Appellant Alfred Osterweil applied for a handgun license in May 2008. Following the directions of New York Penal Law § 400.00(3)(a), he applied for a license “in the city or county ... where [he] resides.” 1 At that time, his house in Summit, New York — part of Schoharie County — was still his primary…

2Cases cited19 opinions

  1. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
  2. District of Columbia v. HellerSupreme Court of the United States · 2008
  3. Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
  4. McDonald v. City of ChicagoSupreme Court of the United States · 2010
  5. Brockett v. Spokane Arcades, Inc.Supreme Court of the United States · 1985

14 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Geron ex rel. Estate of Thelen LLP v. Seyfarth Shaw LLP (In re Thelen LLP)Court of Appeals for the Second Circuit · 2013
  2. Pasternack v. Laboratory Corp. of America HoldingsCourt of Appeals for the Second Circuit · 2015
  3. Kwong v. BloombergCourt of Appeals for the Second Circuit · 2013
  4. Griffin v. Sirva Inc.Court of Appeals for the Second Circuit · 2016
  5. Osterweil v. BartlettDistrict Court, N.D. New York · 2015

26 more not listed; retrieve them via the Exa API.

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