In a significant legal victory for gun rights advocates, New York City has agreed to pay $10,001 to Joseph Garofalo after the NYPD denied his applications for firearm permits. Garofalo sought a Premise Residence handgun license and a rifle/shotgun license, but both were rejected on the grounds of lacking "good moral character." Despite having a history of a protective order and a past arrest for domestic violence, he was not prohibited from owning firearms at the time of his application.
The NYPD's reasoning for the denials was based on Garofalo's failure to disclose his past arrest and protective order, raising concerns about the subjective nature of the "good moral character" clause in New York law. This clause has been criticized for allowing arbitrary decisions regarding gun permits, which many believe could be unconstitutional, especially following the Supreme Court's Bruen decision that emphasized the Second Amendment's equal standing with other constitutional rights.
Garofalo's legal battle included lawsuits in both state and federal courts, claiming violations of his Second and Fourteenth Amendment rights. The federal court ultimately became the venue for the case, as it deals with constitutional issues. Speculation suggests that New York City opted for a settlement to avoid a potentially damaging court ruling that could undermine their gun laws.
While the city does not admit wrongdoing in the settlement, this case highlights ongoing tensions surrounding gun rights in New York. Many advocates hope that further legal challenges will continue to push back against restrictive gun laws.