Calce v. City of New York

── Calce v. City of New York ── Court: Court of Appeals for the Second Circuit Date: April 13, 2026 Category: General 25-861-cv Calce v. City of New York UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 13th day of April, two thousand twenty-six. PRESENT: BARRINGTON D. PARKER, RAYMOND J. LOHIER, JR., SARAH A. L. MERRIAM, Circuit Judges. ------------------------------------------------------------------ NUNZIO CALCE, SHAYA GREENFIELD, RAYMOND PEZZOLI, SECOND AMENDMENT FOUNDATION, FIREARMS POLICY COALITION, INC., ALLEN CHAN, AMANDA KENNEDY, Plaintiffs-Appellants, v. No. 25-861-cv JESSICA TISCH, in her official capacity as Commissioner of the New York City Police Department, CITY OF NEW YORK,  Defendants-Appellees. ------------------------------------------------------------------ FOR PLAINTIFFS-APPELLANTS: WILLIAM V. BERGSTROM (David H. Thompson, Peter A. Patterson, on the brief), Cooper & Kirk, PLLC, Washington, DC FOR DEFENDANTS-APPELLEES: ELINA DRUKER (Richard Dearing, Ingrid R. Gustafson, on the brief), Of Counsel, for Muriel Goode-Trufant, Corporation Counsel of the City of New York, New York, NY Appeal from a judgment of the United States District Court for the Southern District of New York (Edgardo Ramos, Judge). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Plaintiffs Nunzio Calce, Allen Chan, Shaya Greenfield, Amanda Kennedy, Raymond Pezzoli, the Second Amendment Foundation, and the Firearms Policy Coalition, Inc., (together, “Plaintiffs”) bring this action against the City of New York and Jessica Tisch, in her official capacity as Commissioner of the New York City Police Department (together, “Defendants”). Plaintiffs challenge under the 2 Second Amendment the constitutionality of N.Y. Penal Law § 265.01 and N.Y.C. Admin. Code § 10-135, New York State and City laws that prohibit the possession of electronic weapons, such as stun guns and tasers. Plaintiffs appeal from a judgment of the United States District Court for the Southern District of New York (Ramos, J.) “denying Plaintiffs’ motion for summary judgment and granting Defendants’ cross-motion for summary jud