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CA2: A shooting range was a closely regulated industry

By John Wesley Hall, Jr.

A shooting range in the Bronx was a closely regulated industry under NYC law. It was even more watched after 9/11. Spinelli v. City of New York, 2009 U.S. App. LEXIS 17640 (2d Cir. August 7, 2009): Spinelli also argues that because the search was warrantless and not conducted pursuant to established regulations, it was necessarily unreasonable. Spinelli claims that the only applicable regulation that permits the police to search a gun store's premises in New York City is 38 RCNY § 1-06(i), which creates a "cooperative inspection program" whereby gun store owners can set up a time for a voluntary police inspection. Spinelli, however, overlooks a separate provision of the applicable regulations, 38 RCNY § 4-06(a)(3), that provides that the gun dealer's "premises and firearms [] shall be subject to inspection at all times by members of the Police Department...continue to full post

Full post as published by Fourth Amendment on August 09, 2009 (boomark / email).