In a compelling legal battle that underscores the tension between administrative processes and constitutional rights, four New York City residents have filed a lawsuit against the city, alleging undue delays in the processing of firearm licenses. The complaint was lodged by John DiSalvo, Jose Torres, Alexandra Gottlieb, and Peter Cairney on January 16, 2026, in the United States District Court for the Eastern District of New York. The defendants named in this case include the City of New York and Police Commissioner Jessica S. Tisch.
The plaintiffs assert that the New York City Police Department (NYPD) has been unjustifiably slow in handling firearm license applications, effectively infringing upon their Second Amendment rights. According to New York Penal Law § 400.00, possession of a firearm without a license is illegal; however, the law mandates that applications should be processed within six months. The plaintiffs argue that this statutory safeguard has become ineffective due to systemic delays by the NYPD License Division. "Plaintiffs complied with every requirement imposed upon them," states the complaint, yet they remain unable to legally possess firearms due to nearly year-long delays in application processing.
The complaint details how each plaintiff followed all necessary procedures but faced prolonged waiting periods without any communication from NYPD officials. For instance, John DiSalvo applied for his gun permit on March 4, 2025, but after six months without a response from NYPD despite numerous follow-ups and even intervention from Councilmember Vickie Paladino's office, he remains without a decision on his application. Similarly, Alexandra Gottlieb and Jose Torres submitted their applications in March 2025 but encountered similar bureaucratic silence.
Moreover, Peter Cairney's case highlights post-approval issues where even after his application was approved following intervention by Councilmember Paladino’s office; he has yet to receive his physical license to take possession of his purchased firearm. This scenario paints a picture of systemic inefficiencies within the NYPD’s licensing regime.
The plaintiffs are seeking declaratory and injunctive relief from the court to address what they perceive as ongoing constitutional violations. They are not challenging the existence of licensing requirements but rather how these requirements are administered in practice—arguing that current practices result in de facto denial of Second Amendment rights due to excessive delays.
The lawsuit also sheds light on broader systemic issues within NYC's firearm licensing process such as chronic understaffing and inefficient use of resources despite substantial revenues collected through licensing fees. The plaintiffs argue that these funds could be better allocated towards addressing administrative backlogs instead of perpetuating unconstitutional delays.
Represented by attorney Susan Chana Lask from her law offices located at 244 Fifth Avenue in New York City; this case presents significant questions about balancing public safety regulations with individual constitutional freedoms—a topic likely to resonate beyond just those directly involved.
Presiding over this case is yet-to-be-named judges under Case ID: 26-CV-274 which will determine whether NYC’s current practices align with federal constitutional standards or require judicial intervention for reformative measures ensuring timely adjudication processes moving forward.
Source: 126cv00274_Disalvo_v_City_of_New_York_Complaint_Eastern_District_New_York.pdf