Filed: Mar. 16, 2016
Latest Update: Mar. 02, 2020
Summary: 14-110-cv Kampfer v. Cuomo 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
Summary: 14-110-cv Kampfer v. Cuomo 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 P..
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14‐110‐cv
Kampfer v. Cuomo
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 COURTʹS 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
ʺSUMMARY ORDERʺ). 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 16th day of March, two thousand sixteen.
PRESENT: CHESTER J. STRAUB,
DENNY CHIN,
SUSAN L. CARNEY,
Circuit Judges.
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DOUGLAS E. KAMPFER,
Plaintiff‐Appellant,
v. 14‐110‐cv
ANDREW M. CUOMO (Governor, State of New York),
Defendant‐Appellee.
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FOR PLAINTIFF‐APPELLANT: Douglas E. Kampfer, pro se, Mayfield, New
York.
FOR DEFENDANT‐APPELLEE: Claude S. Platton, Senior Assistant Solicitor
General, Anisha S. Dasgupta, Deputy Solicitor
General, Barbara D. Underwood, Solicitor
General, for Eric T. Schneiderman, Attorney
General of the State of New York, New York,
New York.
Appeal from the United States District Court for the Northern District of
New York (Sharpe, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED,
ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.
Plaintiff‐appellant Douglas E. Kampfer, proceeding pro se, appeals a
January 7, 2014 judgment of the United States District Court for the Northern District of
New York dismissing Kampferʹs various constitutional challenges to the New York
Secure Ammunition and Firearms Enforcement Act of 2013 (the ʺSAFE Actʺ) pursuant
to Federal Rule of Civil Procedure 12(b)(6) and declining to exercise supplemental
jurisdiction over his remaining state law claim. See 2013 N.Y. Sess. Laws 1 (McKinney)
(codified as amended at scattered sections of N.Y. Penal Law). Kampfer alleges both a
facial Second Amendment challenge to the SAFE Actʹs assault weapons restrictions and
an equal protection challenge to its grandfather clause. He also moves for sanctions
against counsel for defendant‐appellee for stating, in a caption in an affidavit, that a
motion was unopposed when it was opposed. We assume the partiesʹ familiarity with
the underlying facts, procedural history of the case, and issues on appeal.
We review de novo a district courtʹs dismissal of a complaint pursuant to
Rule 12(b)(6), construing the complaint liberally, accepting all factual allegations in the
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complaint as true, and drawing all reasonable inferences in the plaintiffʹs favor. See
Peter F. Gaito Architecture, LLC v. Simone Dev. Corp., 602 F.3d 57, 61 (2d Cir. 2010).
Neither of Kampferʹs constitutional challenges is persuasive. First,
Kampferʹs facial Second Amendment challenge is foreclosed by our decision in New
York State Rifle & Pistol Assʹn, Inc. v. Cuomo (ʺNYSPRAʺ), where we upheld the
constitutionality of the SAFE Actʹs restrictions on assault weapons. 804 F.3d 242, 261‐63
(2d Cir. 2015).
Second, Kampferʹs equal protection challenge to the SAFE Actʹs
grandfather clause also lacks merit. Kampfer contends that, because the SAFE Act
provides exemptions for pre‐existing owners of assault weapons, he has not been
treated the same as those otherwise similarly situated individuals. See id. at 249
(describing SAFE Actʹs grandfather clause). This challenge is subject to rational basis
review because the provision neither targets a suspect class, nor, for the reasons set
forth in NYSPRA, 804 F.3d at 261‐63, unconstitutionally burdens Second Amendment
rights. See Kwong v. Bloomberg, 723 F.3d 160, 170 n.19 (2d Cir. 2013) (when statute
ʺsurvives ʹintermediate scrutiny,ʹ and . . . does not involve a suspect classification . . .
courts have applied ʹrational basisʹ review to Equal Protection claimsʺ (citation
omitted)). Grandfather clauses are a long‐accepted legislative tool for mitigating the
effect of new regulations on persons who have relied on existing law. See City of New
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Orleans v. Dukes, 427 U.S. 297, 304‐05 (1976). Here, the grandfather clause seeks to
mitigate the effects of the SAFE Act on pre‐existing owners, and was not irrational.
We have reviewed Kampferʹs remaining arguments and conclude they are
without merit. Accordingly, we AFFIRM the judgment of the district court, and
Kampferʹs motion for sanctions is denied.
FOR THE COURT:
Catherine OʹHagan Wolfe, Clerk
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