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SCOPE, INC. v. PATAKI

No. 04-CV-6186-CJS.

386 F.Supp.2d 184 (2005)

SCOPE, INC., Camillus Sportsman's Club, Inc., Yates County Federation of Conservation Clubs, Kenneth Mathison, Leadloader Arms, Inc. doing business as American Sportsman, Plaintiffs, v. Governor George PATAKI, Individually and as Governor of the State of New York, Eliot Spitzer, Individually and as Attorney General of the State of New York, Supt. James W. McMahon, Individually and as Superintendent of the New York State Police, Defendants.

United States District Court, W.D. New York.

September 16, 2005.

Attorney(s) appearing for the Case

Scott Garretson, Rochester, NY, for Plaintiffs.

Charles D. Steinman, A.A.G., New York State Attorney General's Office, Department of Law, Rochester, NY, for Defendants.

DECISION and ORDER

SIRAGUSA, District Judge.

INTRODUCTION

Plaintiffs are challenging a statute enacted by the New York Legislature pertaining to the sale of guns and the creation of a State database for guns sold in New York. Before the Court are defendants' motion for judgment on the pleadings, or motion to dismiss, pursuant to Federal Rules of Civil Procedure 12(c) and 12(b), and plaintiffs' cross-motion, also pursuant to Rule 12(c), for "partial...

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