In a recent decision, the U.S. District Court for the Southern District of New York upheld portions of the New York City Administrative Code requiring New York City residents to pay a $340 fee to apply for a New York City “Premises Residence” handgun license, which allows the license holder to possess handguns within a specified dwelling. In the matter of
Kwong v. Bloomberg, plaintiffs, a group of New York City handgun owners, challenged this fee on the grounds that it unconstitutionally burdened their Second Amendment rights to keep and bear arms. The Court, however, upheld the fee because it was designed to defray the administrative costs of the licensing scheme and the amount was not so excessive such that it would likely deter an individual from exercising his or her Second Amendment rights. The Court further found that the fee passed muster when subjected to a means-end scrutiny, determining that it was substantially related to promoting substantial or important governmental objectives: public safety and the prevention of gun violence.