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Aug 20, 2025

Judicial officers act in a judicial capacity when they decide firearms license applications and have absolute immunity from suit in their individual capacities

The Plaintiffs in this action, brought in the United States District Court for the Northern District of New York, are New York State residents who applied for concealed carry licenses pursuant to New York State’s firearms licensing laws*

A New York State court judge, Judge Jonathan D. Nichols, serving as a statutory firearms licensing officer, had reviewed and denied the Plaintiffs' applications for failing to meet the statutory criteria for eligibility for such a license. 

The Plaintiffs sued Judge Nichols in his individual and official capacities under color of 42 U.S.C. §1983, alleging that New York’s firearms licensing laws violate their rights under the Second and Fourteenth Amendments to the Constitution of the United StatesA Federal District Court dismissed the Plaintiffs’ §1983 claims, holding:

1. Absolute immunity barred Plaintiffs' individual-capacity claims because Judge Nichols acted in his judicial capacity in ruling on their respective applications; and 

2. U.S.C. §1983 and Article III’s case-or-controversy requirement barred Plaintiffs' claims for injunctive relief and declaratory relief".

The Plaintiffs appealed the District Court's rulings. The Second Circuit Court of Appeals affirmed the District Court's decisions.

In so doing the Circuit Court of Appeals reaffirmed its precedent that judicial officers are acting in a judicial capacity when they decide firearms license applications and therefore, "enjoy absolute immunity from suit in their individual capacities". 

The Circuit Court further explained that "Plaintiffs’ specific claims for injunctive relief and declaratory relief against Judge Nichols in his official capacity are barred by Article III’s case-or-controversy requirement". 

* See New York State’s Penal Law §400.00, et seq.

Click HERE to access the Second Circuit's decision posted on the Internet.


NYPPL Publisher Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

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