Full opinion text
OPINION AND ORDER SEIBEL, District Judge. Before the Court are the Motion to Dismiss of Defendants Susan Cacace, Jeffrey A. Cohen, Albert Lorenzo, and Robert K. Holdman (the “State Defendants”), (Doc. 80); the Motion to Dismiss of Defendant County of Westchester (the “County”), (Doc. 33); the Motion for Summary Judgment of Plaintiffs Alan Kachalsky, Christina Nikolov, Eric Detmer, Johnnie Nance, Anna Marcucci-Nance, (together, the “Individual Plaintiffs”), and Second Amendment Foundation, Inc. (“SAF”), (Doc. 39); and the State Defendants’ Cross-Motion for Summary Judgment, (Doc. 42). I. BACKGROUND For purposes of deciding the Motions to Dismiss, I assume the facts (but not the conclusions) as alleged in the First Amended Complaint to be true, and for purposes of deciding the Motion and Cross-Motion for Summary Judgment, the following facts are undisputed, except where noted. The instant case presents a facial and as-applied constitutional challenge to New York Penal Law (“NYPL”) Section 400.00(2)(f), which provides that licenses to “have and carry concealed” handguns “shall be issued” to “any person when proper cause exists for the issuance thereof.” Plaintiffs claim that the statute violates their rights under the Second Amendment to the U.S. Constitution as recognized in the Supreme Court case District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008), and made applicable to the states in McDonald v. City of Chicago, — U.S. —, 130 S.Ct. 3020, 177 L.Ed.2d 894 (2010). To give proper context to Plaintiffs’ claims, a brief description of New York’s handgun licensing scheme is warranted. A. New York’s Handgun Licensing Scheme The NYPL provides for the licensed possession of handguns in New York State. Article 265 of the NYPL imposes a general ban on the possession of firearms, see N.Y. Penal Law § 265.01(1), which includes handguns, id. § 265.00(3)(a), but creates various specific exemptions from that ban, see id. § 265.20, including “[possession of a pistol or revolver by a person to whom a license therefor has been issued as provided under [NYPL] section 400.00,” id. § 265.20(3); see Matter of O’Connor v. Scarpino, 83 N.Y.2d 919, 920, 615 N.Y.S.2d 305, 638 N.E.2d 950 (1994) (§ 400.00 “is the exclusive statutory mechanism for the licensing of firearms in New York State”). Section 400.00(1) sets out the eligibility requirements for handgun permit applicants and provides, generally, that applicants must: be at least twenty-one years of age; be of good moral character; not have been convicted of a felony or a serious offense; not have suffered any mental illness or been confined to an institution for such illness; not have had a handgun license previously revoked or been the subject of a family court order; not exhibit “good cause ... for the denial of the license”; and, for applicants in Westchester County, have “successfully completed a firearms safety course and test.” N.Y. Penal Law § 400.00(1). Section 400.00(2) sets out the various types of licenses available, providing that “[a] license for a pistol or revolver ... shall be issued” under various circumstances, including, for example, to “have and possess in his dwelling by a householder,” to “have and possess in his place of business by a merchant or storekeeper,” and to “have and carry concealed” by various city and state judges, bank or express messengers, and corrections officers. Id. § 400.00(2)(a)-(e). The provision at issue in this case is Section 400.00(2)(f), which provides that a license “shall be issued to ... have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof.” Id. § 400.00(2)(f). There is no provision for a license to carry an unconcealed weapon, so for applicants who want to carry a weapon and do not fit in one of the occupational categories, the only way to obtain a license to carry a handgun— whether openly or not — is to meet the requirements, including “proper cause,” of the licensing provision for concealed weapons. Though not defined in the NYPL, the term “proper cause” as used in Section 400.00(2)(f) has been interpreted by New York state courts to mean “a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession.” Bando v. Sullivan, 290 A.D.2d 691, 735 N.Y.S.2d 660, 662 (3d Dep’t 2002) (internal quotation marks omitted); Kaplan v. Bratton, 249 A.D.2d 199, 673 N.Y.S.2d 66, 68 (1st Dep’t 1998) (internal quotation marks omitted); Williams v. Bratton, 238 A.D.2d 269, 656 N.Y.S.2d 626, 627 (1st Dep’t 1997) (internal quotation marks omitted); Klenosky v. N.Y. City Police Dep’t, 75 A.D.2d 793, 428 N.Y.S.2d 256, 257 (1st Dep’t 1980), aff'd, 53 N.Y.2d 685, 439 N.Y.S.2d 108, 421 N.E.2d 503 (1981); see Bach v. Pataki, 408 F.3d 75, 80 (2d Cir.2005). The application process for licenses under Section 400.00(2)(f), often called “full-carry permits,” is administered locally. See N.Y. Penal Law § 400.00(3)-(4). Applications for full-carry permits in Westchester County request information concerning, for example, discharge from employment or the armed forces for cause, criminal history, treatment for alcoholism or drug use, history of mental illness, previous firearm licenses, and physical conditions that could interfere with safe and proper use of a handgun. (State Defs.’ 56.1 ¶¶ 16-17; Pis.’ Resp. 56.1 ¶¶ 16-17.) An applicant must also provide four references to attest to his or her good moral character. (State Defs.’ 56.1 ¶ 16; Pis.’ Resp. 56.1 ¶16.) Applications are submitted to the Pistol Licensing Unit of the Westchester County Department of Public Safety for investigation consistent with NYPL Section 400.00(4). (State Defs.’ 56.1 ¶¶15, 18; Pis.’ Resp. 56.1 ¶¶15, 18.) See N.Y. Penal Law § 400.00(4) (outlining investigatory procedures). As part of this investigation, the Pistol Licensing Unit reviews the information' provided and conducts a series of background checks with the New York State Department of Criminal Justice Services, the Federal Bureau of Investigation, the National Instant Criminal Background system, and the New York State Department of Mental Hygiene. (State Defs.’ 56.1 ¶¶ 18-20; Pis.’ Resp. 56.1 ¶¶ 18-20.) Once the investigation is complete, an investigation summary is compiled and, along with the application, submitted to a County Police lieutenant, the Chief Inspector of Administrative Services, and the Commissioner or a Deputy Commissioner for review. (State Defs.’ 56.1 ¶ 21; Pis.’ Resp. 56.1 ¶ 21.) Based upon that review, the Chief Inspector and Commissioner or Deputy Commissioner generate a recommendation as to whether the full-carry permit should be approved or disapproved, (see, e.g., Pis.’ MSJ Exs. C, E, G), and the file is submitted to a state licensing officer for a final determination, (State Defs.’ 56.1 ¶ 22; Pis.’ Resp. 56.1 ¶ 22). Licensing officers have considerable discretion in deciding whether to grant a license application, see, e.g., Vale v. Eidens, 290 A.D.2d 612, 735 N.Y.S.2d 650, 652 (3d Dep’t 2002); Kaplan, 673 N.Y.S.2d at 68; Fromson v. Nelson, 178 A.D.2d 479, 577 N.Y.S.2d 417, 417 (2d Dep’t 1991); Marlow v. Buckley, 105 A.D.2d 1160, 482 N.Y.S.2d 183, 184 (4th Dep’t 1984), particularly in determining whether an applicant has demonstrated “proper cause” under Section 400.00(2)(f), see Bach, 408 F.3d at 79-80 & n. 8, and their decisions will not be disturbed unless determined to be arbitrary and capricious, O’Brien v. Keegan, 87 N.Y.2d 436, 439-40, 639 N.Y.S.2d 1004, 663 N.E.2d 316 (1996). B. The Parties Individual Plaintiffs are all United States citizens who reside in Westchester County. (State Defs.’ 56.1 ¶¶ 1-5; Pis.’ Resp. 56.1 ¶¶ 1-5.) Plaintiff SAF is a nonprofit membership organization incorporated under the laws of the State of Washington, with its principal place of business in Bellevue, Washington. (State Defs.’ 56.1 ¶ 6; Pis.’ Resp. 56.1 ¶ 6.) It claims to have over 650,000 members and supporters nationwide, including in Westchester County, to engage in education, research, publishing, and legal action focusing on the Second Amendment, and to expend resources encouraging the exercise of the right to bear arms, as well as advising and educating its members, supporters, and the general public about policies relating to the public carrying of handguns in New York. (Pis.’ 56.1 ¶¶ 25-26.) The State Defendants are judges on various courts within the New York State Unified Court System and, at the times of Individual Plaintiffs’ full-carry permit applications, described below, served as handgun licensing officers under NYPL Section 265.00(10). (State Defs.’ 56.1 ¶¶7-10; Pis.’ Resp. 56.1 ¶¶ 7-10.) C. Plaintiffs’ Permit Applications In May 2008, Plaintiff Kachalsky applied for a full-carry permit to be able to carry a concealed handgun while in public. (State Defs.’ 56.1 ¶ 25; Pis.’ Resp. 56.1 ¶25.) In his application, Kachalsky asserted that he believed he satisfied Section 400.00(2)(f)’s “proper cause” requirement because he was a U.S. citizen and therefore entitled to “the right to bear arms” under the Second Amendment, “we live in a world where sporadic random violence might at any moment place one in a position where one needs to defend oneself or possibly others,” and he was “a law-abiding citizen” who had neither “been convicted of a crime” nor “assaulted or threatened to assault another person.” (State Defs.’ 56.1 ¶ 26; Pls.’ Resp. 56.1 ¶ 26.) Upon reviewing Kachalsky’s application and completing a corresponding investigation, the Department of Public Safety recommended that the permit be denied. (State Defs.’ 56.1 ¶ 27; Pls.’ Resp. 56.1 ¶ 27.) The application, investigation file, and recommendation were forwarded to Defendant Cacace, who, acting as licensing officer, reviewed those materials and issued a decision and order, dated October 8, 2008, denying Kachalsky’s application. (State Defs.’ 56.1 ¶¶ 28-29; Pls.’ Resp. 56.1 ¶¶ 28-29.) Cacace observed that Kachalsky failed to state “any facts which would demonstrate a need for self protection distinguishable from that of the general public,” and that “based upon all the facts and circumstances of this application, it is my opinion that proper cause does not exist for the issuance of an unrestricted ‘full carry’ pistol license.” (State Defs.’ 56.1 ¶ 30; Pls.’ Resp. 56.1 ¶ 30.) On February 6, 2009, Kachalsky filed a petition under Article 78 of the New York Civil Practice Law and Rules with the New York State Supreme Court, Appellate Division, Second Department, appealing his permit denial. (State Defs.’ 56.1 ¶ 31; Pls.’ Resp. 56.1 ¶ 31; Tomari Decl. Ex. L.) By Order dated September 8, 2009, the Appellate Division affirmed the denial, holding that Kachalsky “failed to demonstrate ‘proper cause’ for the issuance of a ‘full carry’ permit. Accordingly, the respondent’s determination was not arbitrary or capricious and should not be disturbed.” Kachalsky v. Cacace, 65 A.D.3d 1045, 884 N.Y.S.2d 877, 877 (2d Dep’t 2009). Kachalsky thereafter sought leave to appeal to the New York State Court of Appeals, (State Defs.’ 56.1 ¶ 32; Pis.’ Resp. 56.1 ¶ 32), but on February 16, 2010, the court dismissed his appeal sua sponte “upon the ground that no substantial constitutional question [was] directly involved,” Kachalsky v. Cacace (“Kachalsky II”), 14 N.Y.3d 743, 743, 899 N.Y.S.2d 748, 925 N.E.2d 80 (2010). In March 2009, Plaintiff Nikolov applied for a full-carry permit. (State Defs.’ 56.1 ¶ 35; Pis.’ Resp. 56.1 ¶ 35.) In her application, Nikolov asserted that she believed she satisfied Section 400.00(2)(f)’s “proper cause” requirement because she was a “law-abiding citizen,” she possessed a concealed weapon permit in the State of Florida and had neither brandished nor discharged her weapon outside of shooting ranges there, she had completed three firearms safety courses with the National Rifle Association within the previous three years, her experience as a pilot and flight instructor gave her the “calm demeanor ... essential when either involved in or a witness to a potentially dangerous situation,” and she was a transgender female subject to a higher likelihood of being the victim of violence. (State Defs.’ 56.1 ¶ 36; Pis.’ Resp. 56.1 1Í 36.) Upon reviewing Nikolov’s application and completing a corresponding investigation, the Department of Public Safety recommended that the permit be denied. (State Defs.’ 56.1 ¶ 37; Pis.’ Resp. 56.1 ¶37.) The application, investigation file, and recommendation were forwarded to Defendant Cohen, who, acting as licensing officer, reviewed those materials and issued a decision and order, dated October 2, 2008, denying Nikolov’s application. (State Defs.’ 56.1 ¶¶( 38-39; Pis.’ Resp. 56.1 ¶¶ 38-39.) Cohen observed that “[c]onspicuously absent” from Nikolov’s application “is the report of any type of threat to her own safety,” and “notwithstanding her accomplishments and unblemished record, it cannot be said that the applicant has demonstrated that she has a special need for self-protection distinguishable from that of the general public.” (State Defs.’ 56.1 ¶39; Pis.’ Resp. 56.1 ¶ 39; see Tomari Decl. Ex. O.) In June 2010, Plaintiff Nance applied for a full-carry permit. (State Defs.’ 56.1 ¶ 47; Pis.’ Resp. 56.1 ¶ 47.) At that time, Nance was licensed to have a handgun for the purpose of target shooting only. (State Defs.’ 56.1 ¶ 46; Pis.’ Resp. 56.1 ¶46.) In his application, Nance asserted that he believed he satisfied Section 400.00(2)(f)’s “proper cause” requirement because he was a “citizen in good standing in the community,” he was “steadily employed and stable,” he was “of good moral character,” and the permit would facilitate his efforts to become involved with competitive shooting and gun safety instruction. (State Defs.’ 56.1 ¶ 48; Pis.’ Resp. 56.1 ¶ 48.) Upon reviewing Nance’s application and completing a corresponding investigation, the Department of Public Safety recommended that the permit be denied. (State Defs.’ 56.1 ¶ 49; Pis.’ Resp. 56.1 ¶49.) The application, investigation file, and recommendation were forwarded to Defendant Holdman, who, acting as licensing officer, reviewed those materials and issued a decision, dated September 9, 2010, denying Nance’s application. (State Defs.’ 56.1 ¶ 50; Pis.’ Resp. 56.1 ¶50.) Holdman observed that Nance had “not provided the court with any information that he faces any danger of any kind that would necessitate the issuance of a full carry firearm license; [and had not] demonstrated a need for self-protection distinguishable from that of the general public or of other persons similarly situated.” (State Defs.’ 56.1 ¶ 58; Pis.’ Resp. 56.1 ¶ 53.) As with Nance, in June 2010, Plaintiff Marcucci-Nance applied to amend her pistol permit from a target-shooting permit to a full-carry permit. (State Defs.’ 56.1 ¶¶ 54-55; Pis.’ Resp. 56.1 ¶¶ 54-55.) In her application, she cited the same reasons as Nance for why she believed she satisfied Section 400.00(2)(f)’s “proper cause” requirement, (State Defs.’ 56.1 ¶ 56; Pis.’ Resp. 56.1 ¶ 56), and her application was similarly addressed: after an investigation, the Department of Public Safety recommended denial, and Holdman, to whom the application materials were forwarded, denied the application on September 9, 2010, citing the same concerns as he did with respect to Nance. (State Defs.’ 56.1 ¶¶ 57-60; Pis.’ Resp. 56.1 ¶¶ 57-60.) Finally, in July 2010, Plaintiff Detmer applied for a full-carry permit. (State Defs.’ 56.1 ¶ 41; Pis.’ Resp. 56.1 ¶41.) Like Nance and Marcucci-Nance, Detmer was at that time licensed to have a handgun for the purpose of target shooting only. (State Defs.’ 56.1 ¶ 40; Pis.’ Resp. 56.1¶ 40.) In his application, Detmer asserted that he believed he satisfied Section 400.00(2)(f)’s “proper cause” requirement because he was a federal law enforcement officer with the U.S. Coast Guard who, while on duty, regularly carried a .40-caliber pistol, and, as part of his training, had completed various courses concerning the use of his pistol. (State Defs.’ 56.1 ¶ 42; Pis.’ Resp. 56.1 ¶ 42.) The Department of Public Safety reviewed Detmer’s application, conducted its investigation, recommended denial, and subsequently forwarded the file to Defendant Lorenzo, who, acting as licensing officer, reviewed those materials and denied the application. (State Defs.’ 56.1 ¶¶ 44-45; Pis.’ Resp. 56.1 ¶¶ 44-45.) Lorenzo informed Detmer of this decision by letter dated September 27, 2010, in which he noted simply that there was “no justification” for issuing a full-carry permit. (State Defs.’ 56.1 ¶ 45; Pis.’ Resp. 56.1 ¶ 45.) Individual Plaintiffs state that they have not re-applied for full-carry permits because they believe such acts would be futile, and that they would carry handguns in public but for their fear of arrest, prosecution, fine, and/or imprisonment. (Kachalsky Decl. ¶¶ 3-4; Nikolov Decl. ¶¶ 3-4; Nance Decl. ¶¶ 5-6; Marcucci-Nance Decl. ¶¶ 5-6; Detmer Decl. ¶¶ 6-7.) D. Plaintiffs’ Claims As late as 2005, the Second Circuit, in rejecting a constitutional challenge to New York’s handgun licensing scheme, held that the “Second Amendment’s ‘right to keep and bear arms’ imposes a limitation on only federal, not state, legislative efforts.” Bach, 408 F.3d at 84. Three years after that, in 2008, the Supreme Court issued its watershed decision District of Columbia v. Heller, in which it undertook an exhaustive review of the text and history of the Second Amendment and concluded for the first time that the Second Amendment conferred an individual, as opposed to collective, right to keep and bear arms. 554 U.S. at 595, 128 S.Ct. 2783. The question before the Court in Heller was the constitutionality of several District of Columbia statutes that generally prohibited the possession of handguns and required any other lawful firearms in the home to be inoperable — i.e., unloaded and disassembled or bound by a trigger lock or similar device. Id. at 574-75, 128 S.Ct. 2783. The Court held that the “ban on handgun possession in the home violates the Second Amendment, as does [the] prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense.” Id. at 635, 128 S.Ct. 2783. Two years later, in McDonald v. City of Chicago, the Supreme Court held that the Fourteenth Amendment’s Due Process Clause incorporates the Second Amendment right recognized in Heller, thereby extending that right as against the states. 130 S.Ct. at 3050. On July 15, 2010, less than a month after the Supreme Court issued its decision in McDonald Kachalsky, Nikolov, and SAF filed the Complaint in the instant action. (Doe. 1.) On November 8, 2010, they joined Detmer, Nance, and Marcucci-Nance in filing a First Amended Complaint (“FAC”), (Doc. 18), the operative complaint for the purposes of the instant motions. In it, Plaintiffs assert claims under 42 U.S.C. § 1983 (“Section 1983”) for violations of the Second Amendment and the Equal Protection Clause of the Fourteenth Amendment. Specifically, they claim that Section 400.00(2)(f)’s “proper cause” requirement violates the Second Amendment both facially and as applied to them, and that it classifies individuals on the basis of “irrelevant, arbitrary, and speculative criteria in the exercise of a fundamental right.” (FAC ¶¶ 41, 43.) Plaintiffs seek to enjoin enforcement of Section 400.00(2)(f)’s “proper cause” requirement, as well as an order directing Defendants to issue Plaintiffs permits, declaratory relief consistent with the requested injunctive relief, costs, and fees. (Id. at 11.) Defendants filed Motions to Dismiss the First Amended Complaint, (Docs. 30, 33); Plaintiffs filed a Motion for Summary Judgment, (Doc. 39); and the State Defendants filed a Cross-Motion for Summary Judgment, (Doc. 42). II. DISCUSSION A. Motions to Dismiss Defendants’ Motions to Dismiss largely concern threshold issues. As such, I consider these motions first. While Defendants briefly touch upon the question of Section 400.00(2)(f)’s constitutionality in these motions, they address that issue in far greater detail in briefing submitted in connection with the Motion and Cross-Motion for Summary Judgment. I therefore consider Defendants’ constitutional arguments in conjunction with those motions. 1. Legal Standards Defendants bring their Motions to Dismiss under Federal Rules of Civil Procedure 12(b)(1), for lack of subject matter jurisdiction, and 12(b)(6), for failure to state a claim. a. Rule 12(b)(1) “A case is properly dismissed for lack of subject matter jurisdiction under Rule 12(b)(1) when the district court lacks the statutory or constitutional power to adjudicate it.” Makarova v. United States, 201 F.3d 110, 113 (2d Cir.2000). “A plaintiff asserting subject matter jurisdiction has the burden of proving by a preponderance of the evidence that it exists.” Id. Defendants argue that the Court lacks subject matter jurisdiction because Plaintiffs lack standing and the case is not ripe for adjudication. I discuss the individual standards for those doctrines below. b. Rule 12(b)(6) To survive a motion to dismiss under Rule 12(b)(6), “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. “While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiffs obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955 (alteration, citations, and internal quotation marks omitted). While Federal Rule of Civil Procedure 8 “marks a notable and generous departure from the hyper-technical, code-pleading regime of a prior era, ... it does not unlock the doors of discovery for a plaintiff armed with nothing more than conclusions.” Iqbal, 129 S.Ct. at 1950. In considering whether a complaint states a claim upon which relief can be granted, the court may “begin by identifying pleadings that, because they are no more than conclusions, are not entitled to the assumption of truth,” and then determine whether the remaining well-pleaded factual allegations, accepted as true, “plausibly give rise to an entitlement to relief.” Id. Deciding whether a complaint states a plausible claim for relief is “a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” Id. “[Wjhere the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged— but it has not ‘show[nj’ — ‘that the pleader is entitled to relief.’ ” Id. (second alteration in original) (quoting Fed.R.Civ.P. 8(a)(2)). c. Documents the Court May Consider When deciding a motion to dismiss, the Court is entitled to consider the following: (1) facts alleged in the complaint and documents attached to it or incorporated in it by reference, (2) documents “integral” to the complaint and relied upon in it, even if not attached or incorporated by reference, (3) documents or information contained in [a] defendant’s motion papers if plaintiff has knowledge or possession of the material and relied on it in framing the complaint, (4) public disclosure documents required by law to be, and that have been, filed with the Securities and Exchange Commission, and (5) facts of which judicial notice may properly be taken under Rule 201 of the Federal Rules of Evidence. Weiss v. Inc. Vill. of Sag Harbor, 762 F.Supp.2d 560, 567 (E.D.N.Y.2011) (internal quotation marks omitted); accord Chambers v. Time Warner, Inc., 282 F.3d 147, 152-53 (2d Cir.2002). A document is considered “integral” to the complaint where the plaintiff has “reli[edj on the terms and effect of [the] document in drafting the complaint.” Chambers, 282 F.3d at 153 (emphasis omitted). Such relianee “is a necessary prerequisite to the court’s consideration of the document on a dismissal motion; mere notice or possession is not enough.” Id. If a document outside of the complaint is to form the basis for dismissal, however, two requirements must be met in addition to the requirement that the document be “integral” to the complaint: (1) “it must be clear on the record that no dispute exists regarding the authenticity or accuracy of the document”; and (2) “[i]t must also be clear that there exist no material disputed issues of fact regarding the relevance of the document.” Faulkner v. Beer, 463 F.3d 130, 134 (2d Cir.2006). 2. Analysis a. Standing and Ripeness i. Standards Article III, Section 2 of the U.S. Constitution restricts federal court jurisdiction to “Cases” and “Controversies.” U.S. Const, art. Ill, § 2; Vt. Right to Life Comm., Inc. v. Sorrell, 221 F.3d 376, 381 (2d Cir.2000). “Constitutional standing is the threshold question in every federal case, determining the power of the court to entertain the suit.” Leibovitz v. N.Y. City Transit Auth., 252 F.3d 179, 184 (2d Cir.2001) (internal quotation marks omitted). To establish standing within the meaning of Article III, first, the plaintiffs “must have suffered an injury in fact — an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical.” Second, “there must be a causal connection between the injury and the conduct complained of — the injury has to be fairly ... trace[able] to the challenged action of the defendant, and not ... the result [of] the independent action of some third party not before the court.” Third, “it must be likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.” Moreover, the “party invoking federal jurisdiction bears the burden of establishing these elements.” Field Day, LLC v. Cnty. of Suffolk, 463 F.3d 167, 175 (2d Cir.2006) (alterations in original) (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992)). The ripeness doctrine “is drawn both from Article III limitations on judicial power and from prudential reasons for refusing to exercise jurisdiction.” Nat’l Park Hospitality Ass’n v. Dep’t of Interior, 538 U.S. 803, 808, 123 S.Ct. 2026, 155 L.Ed.2d 1017 (2003) (internal quotation marks omitted). Its purpose is to “ensure that a dispute has generated injury signifi cant enough to satisfy the case or controversy requirement of Article III” and “prevent! ] a federal court from entangling itself in abstract disagreements over matters that are premature for review because the injury is merely speculative and may never occur.” Dougherty v. Town of N. Hempstead Bd. of Zoning Appeals, 282 F.3d 83, 90 (2d Cir.2002). In determining whether a claim that challenges a law is ripe for review, the Court must consider whether the issue is fit for adjudication as well as the hardship to the plaintiff that would result from withholding review. Abbott Labs. v. Gardner, 387 U.S. 136, 149, 87 S.Ct. 1507, 18 L.Ed.2d 681 (1967), overruled on other grounds, Califano v. Sanders, 430 U.S. 99, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977); Marchi v. Bd. of Coop. Educ. Servs., 173 F.3d 469, 478 (2d Cir.1999). “Standing and ripeness are closely related doctrines that overlap ‘most notably in the shared requirement that the [plaintiffs] injury be imminent rather than conjectural or hypothetical.’ ” N.Y. Civil Liberties Union v. Grandeau, 528 F.3d 122, 130 n. 8 (2d Cir.2008) (second alteration in original) (quoting Brooklyn Legal Servs. Corp. v. Legal Servs. Corp., 462 F.3d 219, 225 (2d Cir.2006)). ii. Individual Plaintiffs With respect to Individual Plaintiffs, Defendants’ arguments as to standing and ripeness are essentially one and the same: they argue that because Kachalsky and Nikolov failed to apply for full-carry permits post — McDonald, and because Detmer, Nance, and Marcucci-Nance’s claims precede any state court ruling interpreting New York’s “proper cause” requirement post-McDonald, their purported injuries are speculative. That is, they argue that Individual Plaintiffs’ injuries have not yet manifested themselves in post-McDonald permit denials and/or adverse court rulings. I therefore consider the ripeness arguments together with and as a part of the standing inquiry. See, e.g., Grandeau, 528 F.3d at 130 n. 8; Brooklyn Legal Servs., 462 F.3d at 225-26. I find that Plaintiffs have standing and that their claims are ripe. “As a general rule, ‘to establish standing to challenge an allegedly unconstitutional policy, a plaintiff must submit to the challenged policy.’” Prayze FM v. FCC, 214 F.3d 245, 251 (2d Cir.2000) (quoting Jackson-Bey v. Hanslmaier, 115 F.3d 1091, 1096 (2d Cir.1997)); see Bach v. Pataki, 289 F.Supp.2d 217, 223 (N.D.N.Y.2003) (“In many cases, requiring litigants to actually apply for a license before challenging a licensing scheme prevent[s] courts, through avoidance of premature adjudication, from entangling themselves in abstract disagreements over administrative policies, and also ... protects] the agencies from judicial interference until an administrative decision has been formalized and its effects felt in a concrete way by the challenging parties.”) (alterations in original) (internal quotation marks omitted), aff'd, 408 F.3d 75. Each of the Individual Plaintiffs have submitted to Section 400.00(2)(f), having applied for, and subsequently been denied, full-carry permits under the statute. (FAC ¶¶ 26, 30, 32-37.) Defendants’ characterization of Individual Plaintiffs’ injuries as “speculative” ignores the plain fact that these very permit denials constitute actual, ongoing injuries not contingent upon any future event. Recent caselaw in the area of handgun regulation is instructive. Notably, in Parker v. District of Columbia, 478 F.3d 370 (D.C.Cir.2007), aff'd sub nom. Heller, 554 U.S. 570, 128 S.Ct. 2783, the D.C. Circuit observed that “a license or permit denial pursuant to a state or federal administrative scheme [constitutes] an Article III injury,” id. at 376, and that by dint of the fact that Heller applied for and was denied a registration certificate to own a firearm, he had standing to challenge the D.C. firearm registration system: Heller has invoked his rights under the Second Amendment to challenge the statutory classifications used to bar his ownership of a handgun under D.C. law, and the formal process of application and denial, however routine, makes the injury to Heller’s alleged constitutional interest concrete and particular. He is not asserting that his injury is only a threatened prosecution, nor is he claiming only a general right to handgun ownership; he is asserting a right to a registration certificate, the denial of which is his distinct injury. Id. The D.C. Circuit recently reaffirmed this view in Dearth v. Holder, 641 F.3d 499 (D.C.Cir.2011). There, the plaintiff, an American citizen who lived in Canada, challenged a federal regulation prohibiting people living outside the United States from lawfully purchasing firearms in the United States. Id. at 500-01. The plaintiff sought to purchase firearms to stow with his relatives in Ohio, and had twice attempted to purchase firearms but encountered difficulties with completing the required paperwork asking for his state of residence. Id. at 501. The court stated, We agree with [plaintiff] that the Government has denied him the ability to purchase a firearm and he thereby suffers an ongoing injury. [Plaintiffs] injury is indeed like that of the plaintiff in Parker, who had standing to challenge the District of Columbia’s ban on handguns because he had been denied a registration certificate to own a handgun. As we there stated, a license or permit denial pursuant to a state or federal administrative scheme that can trench upon constitutionally protected interests gives rise to an Article III injury; the formal process of application and denial, however routine, suffices to show a cognizable injury. Id. at 502 (citations and internal quotation marks omitted). I find Parker and Dearth persuasive. The State Defendants’ denial of the Individual Plaintiffs’ permit applications constitutes an actual and ongoing injury because it forestalls the exercise of their alleged constitutional rights. Defendants’ attempt to shift the focus of this inquiry to future, contingent events in an attempt to describe the purported injuries as “speculative” is unavailing. Defendants’ reliance upon Golden v. Zwickler, 394 U.S. 103 [89 S.Ct. 956, 22 L.Ed.2d 113] (1969), demonstrates how their focus is misplaced. In that case, the Court determined that a plaintiff seeking to challenge a New York statute criminalizing the distribution of anonymous election campaign literature did not have standing where he sought only to distribute literature criticizing a particular congressman who, at the time the case was heard, had left the House of Representatives to begin a 14-year term on the New York State Supreme Court. Id. at 109-10 & n. 4 [89 S.Ct. 956]. The Court held that because “the prospect was neither real nor immediate of a campaign involving the Congressman, it was wholly conjectural that another occasion might arise when [the plaintiff] might be prosecuted for distributing the handbills referred to in the complaint,” and his “assertion in his brief that the former Congressman can be ‘a candidate for Congress again’ is hardly a substitute for evidence that this is a prospect of ‘immediacy and reality.’” Id. at 109 [89 S.Ct. 956] (emphasis added). In sharp contrast to Golden, there is no contingency here upon which Individual Plaintiffs’ injuries are conditioned; Defendants’ permit denials have actually prevented — and indeed continue to prevent — Individual Plaintiffs from being able to exercise their alleged constitutional right. See Dearth, 641 F.3d at 503 (distinguishing Golden on similar grounds). Further, Individual Plaintiffs’ injuries may not be labeled as speculative, as Defendants argue, simply because they have failed to submit post-McDonald applications for full-carry permits. That state licensing officers might grant Individual Plaintiffs’ second full-carry permit applications were they to submit such applications at some point in the future does not suggest that their current injuries are speculative — at most, it suggests that the continuation of their injuries past that point is speculative. But putting that aside, Defendants’ argument is unavailing in light of the fact that the decisions denying Detraer, Nance, and Marcucci-Nance’s applications were issued after the Court’s decision in McDonald. (FAC ¶¶ 33, 35, 37.) Crucially, the decisions issued with respect to Nance and Marcucei-Nance reaffirm that in order to meet the “proper cause” requirement of Section 400.00(2)(f), applicants must demonstrate a “need for self protection distinguishable from that of the general public,” and cite as support the Appellate Division’s decision upholding the October 2008 denial of Kachalsky’s full-carry permit application. (Id. ¶¶ 35, 37; Rotini Decl. Exs. D-E.) See Kachalsky, 884 N.Y.S.2d 877. These decisions signal the continued vitality of the “proper cause” requirement as a basis on which New York handgun licensing officers deny full-carry permit applications, and demonstrate that were the Individual Plaintiffs to submit new applications post -McDonald (for Detmer, Nance, and Marcucci, their second post-McDonald applications; for Kachalsky and Nikolov, their first), they would be futile. Individual Plaintiffs cannot be required to engage in a “futile gesture as a prerequisite for adjudication in federal court.” Williams v. Lambert, 46 F.3d 1275, 1280 (2d Cir.1995); cf. Bach, 408 F.3d at 82-83 (plaintiffs failure to apply did not deprive him of standing to challenge concealed-firearm statute because he did not live or work in New York, as required by the statute, and thus “[ijmposing a filing requirement would force [him] to complete an application for which he is statutorily ineligible”). Nor were Individual Plaintiffs required to bring their post -McDonald federal constitutional challenge in state court before resorting to this Court. It is well-settled that “[w]hen federal claims are premised on 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) — as they are here — [a plaintiff is] not required [to] exhaust[ ] ... state judicial or administrative remedies.” Steffel v. Thompson, 415 U.S. 452, 472-73, 94 S.Ct. 1209, 39 L.Ed.2d 505 (1974) (citing McNeese v. Bd. of Educ., 373 U.S. 668, 83 S.Ct. 1433, 10 L.Ed.2d 622 (1963); see Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961)). This rule reflects “the paramount role Congress has assigned to the federal courts to protect constitutional rights.” Id. Defendants argue that Washington State Grange v. Washington State Republican Party, 552 U.S. 442, 128 S.Ct. 1184, 170 L.Ed.2d 151 (2008), compels a finding that the case is premature for adjudication, but that case does not speak to the situation here, where a plaintiff challenges existing state court interpretations of a state statute in federal court. Instead, in Washington State Grange, the petitioners sought to challenge a state ballot initiative that had never before been subject to state review: indeed, “[t]he State ha[d] had no opportunity to implement [the initiative], and its courts ha[d] had no occasion to construe the law in the context of actual disputes ..., or to accord the law a limiting construction to avoid constitutional questions.” Id. at 450, 128 S.Ct. 1184. And while it is true that a plaintiff may be required to exhaust his or her state appellate remedies when he or she has already initiated a proceeding in state court, that is an issue properly raised not in the context of ripeness or standing, but rather abstention — which I address below. iii. SAF SAF asserts both organizational and representational standing. While it is true that organizations can have standing on their own behalf when they have suffered injuries, see Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975), SAF has not sufficiently alleged an injury. It maintains that it “pro-mot[es] the exercise of the right to keep and bear arms” and engages in “education, research, publishing and legal action focusing on the [e]onstitutional right to privately own and possess firearms,” (FAC ¶ 6), but such activates, standing alone, are plainly insufficient to give rise to standing. SAF also maintains that it has “over 650,-000 members and supporters nationwide.” (Id.) An organization may sue on behalf of its members, but only if “[ (1) ] its members would have standing to sue in their own right, [ (2) ] the interests at stake are germane to the organization’s purpose, and [ (3) ] neither the claim asserted nor the relief requested requires individual members’ participation in the lawsuit.” Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 181, 120 S.Ct. 693, 145 L.Ed.2d 610 (2000). SAF cannot meet the first requirement, as it fails to allege anywhere in the First Amended Complaint that it has any members who have applied for and been rejected full-carry permits under Section 400.00(2)(f). SAF alleges in conclusory fashion that the various Defendants have “enforced the challenged laws, customs and practices against ... SAF’s membership,” (FAC ¶¶ 7-11), but it has neither identified particular members who have standing, nor specified how they would have standing to sue in their own right. It therefore fails to satisfy the first requirement identified above. See, e.g., FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 235, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990). b. Abstention Defendants argue that this Court should abstain from deciding this case under the doctrines laid down in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669(1971), Railroad Commission v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941), and/or Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943). I find that none of these abstention doctrines apply. i. Younger Abstention In Younger v. Harris, the Supreme Court held that federal courts must abstain from exercising jurisdiction over federal constitutional claims that involve or call into question ongoing state proceedings. 401 U.S. at 43-44, 91 S.Ct. 746. “Although the Younger abstention doctrine was born in the context of state criminal proceedings, it now applies with equal force to state administrative proceedings.” Diamond “D” Constr. Corp. v. McGowan, 282 F.3d 191, 198 (2d Cir.2002) (citing Ohio Civil Rights Comm’n v. Dayton Christian Schs., Inc., 477 U.S. 619, 627, 106 S.Ct. 2718, 91 L.Ed.2d 512 (1986)). “Younger abstention is required when three conditions are met: (1) there is an ongoing state proceeding; (2) an important state interest is implicated in that proceeding; and (3) the state proceeding affords the federal plaintiff an adequate opportunity for judicial review of the federal constitutional claims.” Id. (citing Grieve v. Tamerin, 269 F.3d 149, 152 (2d Cir.2001)). “Despite the strong policy in favor of abstention, a federal court may nevertheless intervene in a state proceeding upon a showing of ‘bad faith, harassment or any other unusual circumstance that would call for equitable relief.’” Id. (quoting Younger, 401 U.S. at 54, 91 S.Ct. 746). Younger abstention does not apply here because there are no ongoing state proceedings. “The Supreme Court has clearly held that a would-be plaintiff who has been subjected to a state proceeding which he seeks to challenge in federal court must first exhaust all available state appellate remedies ....” Kirschner v. Klemons, 225 F.3d 227, 234 (2d Cir.2000) (citing Huffman v. Pursue, Ltd., 420 U.S. 592, 608, 95 S.Ct. 1200, 43 L.Ed.2d 482 (1975)). Here, Kachalsky initiated an Article 78 proceeding in state court to challenge the denial of his full-carry permit application, but he exhausted all available state court remedies, appealing the Appellate Division’s decision to the New York Court of Appeals, where his appeal was summarily dismissed. See Kachalsky II, 14 N.Y.3d at 743, 899 N.Y.S.2d 748, 925 N.E.2d 80. Once the Court of Appeals dismissed Kachalsky’s appeal, there ceased to be an ongoing state proceeding with which lower federal courts were capable of interfering. See, e.g., Aretakis v. Comm. on Prof'l Standards, No. 08-9712, 2009 WL 1905077, at *5 (S.D.N.Y. July 1, 2009) (where New York Court of Appeals denied plaintiffs application for leave to appeal Appellate Division’s order suspending his license to practice law, court held that “no ‘pending state proceeding’ exists, and the Younger abstention doctrine cannot be applied”); Ponterio v. Kaye, No. 06-6289, 2007 WL 141053, at *6 (S.D.N.Y. Jan. 22, 2007) (“[Plaintiff] has litigated and lost his state claims up to the New York Court of Appeals. As Younger requires, he appears to have exhausted his state-court remedies.”). Nor are there any ongoing state proceedings with respect to the remaining Individual Plaintiffs, as none of them commenced state court proceedings to challenge the denial of their full carry permit applications. See Coastal Distribution, LLC v. Town of Babylon, 216 Fed.Appx. 97, 102 (2d Cir.2007) (where plaintiff did not challenge zoning board of appeals’ decision via an Article 78 proceeding, Younger did not apply; caselaw “gives no support to the proposition that the availability of an Article 78 action after the completion of state administrative proceedings renders them ongoing perpetually”). ii. Pullman Abstention Pullman abstention applies when “difficult and unsettled questions of state law must be resolved before a substantial federal constitutional question can be decided.” Haw. Hous. Auth. v. Midkiff 467 U.S. 229, 236, 104 S.Ct. 2321, 81 L.Ed.2d 186 (1984). In the Second Circuit, [t]hree basic conditions must be present to trigger Pullman abstention: “First, the state statute must be unclear or the issue of state law uncertain; second, resolution of the federal issue must depend upon the interpretation given to the ambiguous state provision; and third, the state law must be susceptible of an interpretation that would avoid or modify the federal constitutional issue.” Williams v. Lambert, 46 F.3d 1275, 1281 (2d Cir.1995) (internal quotation marks omitted). Abstention under this doctrine is limited to uncertain questions of state law because “[abstention from the exercise of federal jurisdiction is the exception, not the rule.” Colo. River Water Conservation Dist. v. United States, 424 U.S. 800, 813, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976). In fact, even when the three conditions specified above are fulfilled, the court is “not required to abstain, and, to the contrary, important federal rights can outweigh the interests underlying the Pullman doctrine.” Hartford Courant Co. v. Pellegrino, 380 F.3d 83, 100 (2d Cir.2004) (internal quotation marks omitted). Moreover, “abstention should not be ordered merely to await an attempt to vindicate the claim in a state court.” Wisconsin v. Constantineau, 400 U.S. 433, 439, 91 S.Ct. 507, 27 L.Ed.2d 515 (1971). As noted above, courts in New York have consistently interpreted Section 400.00(2)(f)’s “proper cause” requirement to mean “a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession.” See, e.g., Bando, 735 N.Y.S.2d at 662; Kaplan, 673 N.Y.S.2d at 68; Williams, 656 N.Y.S.2d at 627; Klenosky, 428 N.Y.S.2d at 257. Where, as here, state courts have settled upon an interpretation of the statute at issue, Pullman abstention is not warranted. See, e.g., Commack Self-Service Kosher Meats v. Rubin, 986 F.Supp. 153, 157-58 (E.D.N.Y.1997) (Pullman abstention not applicable “[b]eeause there existfed] a well established interpretation of the ... [l]aws by the New York state courts, and because the constitutional challenges raised by plaintiffs [were] not entangled in a skein of state law that must be untangled before the federal case can proceed”) (internal quotation marks omitted). iii. Burford Abstention The Burford abstention doctrine serves to “protect[] complex state administrative processes from undue federal interference.” New Orleans Pub. Serv., Inc. v. Council of New Orleans, 491 U.S. 350, 362, 109 S.Ct. 2506, 105 L.Ed.2d 298 (1989) (internal quotation marks omitted). It does not, however, “require abstention whenever there exists such a process, or even in all cases where there is a potential for conflict with state regulatory law or policy.” Id. (internal quotation marks omitted). A federal court should abstain under Burford (1) when there are difficult questions of state law bearing on policy problems of substantial public import whose importance transcends the result in the case then at bar; or (2) where the exercise of federal review of the question in a case and in similar cases would be disruptive of state efforts to establish a coherent policy with respect to a matter of substantial public concern. Id. at 361, 109 S.Ct. 2506 (internal quotation marks omitted); accord Dittmer v. Cnty. of Suffolk, 146 F.3d 113, 116 (2d Cir.1998). In evaluating whether the exercise of federal review would be disruptive of state efforts to establish a coherent policy, district courts should consider “(1) the degree of specificity of the state regulatory scheme; (2) the need to give one or another debatable construction to a state statute; and (3) whether the subject matter of the litigation is traditionally one of state concern.” Hachamovitch v. DeBuono, 159 F.3d 687, 697 (2d Cir.1998). Burford abstention does not apply here because Plaintiffs’ claims do not present an “ambiguous state law issue,” and do not seek to “involve federal courts in supervising, interrupting, or meddling in state policies by interfering in state regulatory matters”; instead, the claims present “a direct challenge to the constitutionality of a state statute, a controversy federal courts are particularly suited to adjudicate.” Alliance of Am. Insurers v. Cuomo, 854 F.2d 591, 600-01 (2d Cir. 1988) (declining, on same grounds, to apply Burford abstention to constitutional challenge to provision of New York Medical and Dental Malpractice and Professional Conduct Act imposing moratorium on medical malpractice insolvencies and authorizing stabilization of rates for medical malpractice coverage). Though not binding on this Court, particularly instructive is a recent case from the District of Maryland, Woollard v. Sheridan, No. 10-2068, 2010 WL 5463109 (D.Md. Dec. 29, 2010), in which the court declined to abstain from passing on the constitutionality of a nearly identical statute— namely, a state law requiring that applicants for full-carry handgun licenses demonstrate “good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger.” Id. at *1. The court held that neither of the two grounds for Burford abstention was applicable because Maryland appellate courts have repeatedly examined and interpreted the statute at issue in this case, and there is no reason to believe this case will present a new question of state law.... In addition, where, as here, a plaintiff “launches a facial attack on [a] state statute [ ] as a whole” abstention on the second ground is not appropriate because the potential relief — an injunction barring the enforcement of the statute— “could not possibly threaten [the statute’s] uniform application.” Id. at *5 n. 6 (quoting Martin v. Stewart, 499 F.3d 360, 367 (4th Cir.2007)) (second, third, and fourth alterations, and emphases in original) (citations omitted). That rationale applies with equal force here and compels rejection of Defendants’ arguments as to Pullman abstention. c. Res Judicata Defendants argue that Kachalsky’s Article 78 proceeding and the State Defendants’ rejection of Individual Plaintiffs permit applications have claim preclusive effect on the Section 1983 claims currently before this Court. A federal court assessing the effect of a state court judgment looks to the law of the state in which the judgment was entered, Marrese v. Am. Acad. of Orthopedic Surgeons, 470 U.S. 373, 380, 105 S.Ct. 1327, 84 L.Ed.2d 274 (1985), here, New York. Under New York’s res judicata doctrine, a party may not litigate a claim where a judgment on the merits exists from a prior action between the same parties involving the same subject matter. The rule applies not only to claims actually litigated but also to claims that could have been raised in the prior litigation. ... Additionally, ... once a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different remedy. In re Hunter, 4 N.Y.3d 260, 269, 794 N.Y.S.2d 286, 827 N.E.2d 269 (2005) (citations and internal quotation marks omitted). I find that Kachalsky’s Article 78 proceeding does not bar him from bringing the instant as-applied and facial challenges to Section 400.00(2)(f). Whether a claim that was not raised in the previous action could have been raised therein “depends in part on ... ‘whether the facts essential to support the second were present in the first.’ ” Marvel Characters, Inc. v. Simon, 310 F.3d 280, 287 (2d Cir.2002) (emphasis and internal quotation marks omitted). Consequently, res judicata “does not preclude litigation of events arising after the filing of the complaint that formed the basis of the first lawsuit.” Curtis v. Citibank, N.A., 226 F.3d 133, 139 (2d Cir.2000). Similarly, “[m]odifications in controlling legal principles could render a previous determination inconsistent with prevailing doctrine, and changed circumstances may sufficiently alter the factual predicate such that new as-applied claims would not be barred by the original judgment” on res judicata grounds. Monahan v. N.Y. City Dep’t of Corr., 214 F.3d 275, 290 (2d Cir.2000) (citations and internal quotation marks omitted). Kachalsky’s constitutional challenges are based on McDonald’s application of the Second Amendment, as discussed in Heller, to the states. At the time of Kachalsky’s Article 78 proceeding, however, the prevailing law was that Second Amendment did not apply to the states. See Bach, 408 F.3d at 84 (New York’s handgun licensing scheme did not infringe plaintiffs Second Amendment “right to keep and bear arms,” which “imposes a limitation on only federal, not state, legislative efforts”). He therefore could not have based his prior proceeding on the Second Amendment’s applicability to the states, and, because of that, his constitutional challenges are not precluded. See, e.g., Bronx Household of Faith v. Bd. of Educ., 226 F.Supp.2d 401, 412 (S.D.N.Y.2002) (“[T]he Supreme Court has cast doubt upon the Court of Appeals’ majority opinion ---- Because there has been a change in the law, another look at the situation is justified. Concomitantly, the change in the law is sufficiently serious to reject defendants’ assertion that plaintiffs preliminary injunction motion should be denied on the grounds of res judicata or collateral estoppel.”), aff'd, 331 F.3d 342 (2d Cir.2003). Nor are the claims brought by Nikolov, Detmer, Nance, and Marcucci-Nance precluded because their applications for full-carry permits were denied. Res judicata applies to “give conclusive effect to the quasi-judicial determinations of administrative agencies, when rendered pursuant to the adjudicatory authority of an agency to decide cases brought before its tribunals employing procedures substantially similar to those used in a court of law.” Ryan v. N.Y. Tel. Co., 62 N.Y.2d 494, 499, 478 N.Y.S.2d 823, 467 N.E.2d 487 (1984) (citations omitted). A review of relevant authority and the materials submitted in connection with the Motions to Dismiss, however, does not support the conclusion that the procedures for applying for a full-carry permit in any way resemble those used in a court of law, see Shapiro v. N.Y. City Police Dep’t, 157 Misc.2d 28, 595 N.Y.S.2d 864, 867 (Sup.Ct.N.Y.Cnty.1993) (only reference to judicial hearing in New York gun licensing regulations is in connection with suspension' and revocation procedures), and, in any event, even were the State Defendants’ actions to qualify as quasi-judicial, Individual Plaintiffs neither raised, nor had the opportunity to raise, arguments regarding the constitutionality of Section 400.00(2)(f) in submitting to the State Defendants their applications for full-carry permits. See generally Tomari Decl. Exs. G-J (Nikolov, Detmer, Nance, and Marcucci-Nance’s permit applications). d. Rooker-Feldman Doctrine Finally, Defendants argue that Kachalsky’s claims are barred by the Rooker-Feldman doctrine. Rooker-Feldman is a limited doctrine aimed at “cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review of those judgments.” McKithen v. Brown, 626 F.3d 143, 154 (2d Cir.2010) (internal quotation marks omitted). Rooker-Feldmcm directs federal courts to abstain from considering claims when four requirements are met: (1) the plaintiff lost in state court, (2) the plaintiff complains of injuries caused by the state court judgment, (3) the plaintiff invites district court review of that judgment, and (4) the state court judgment was entered before the plaintiffs federal suit commenced. Id. At a minimum, Defendants’ argument fails because Kachalsky does not complain that he was injured by the state court judgment — ie., by the decision rendered in the Article 78 proceeding — but rather that he was injured by Section 400.00(2)(f) and by Cacace’s interpretation of the statute and application of it to Kachalsky in denying his application for a full-carry permit. See Skinner v. Switzer, — U.S. —, 131 S.Ct. 1289, 1298, 179 L.Ed.2d 233 (2011) (“[Petitioner] does not challenge the adverse [Texas Court of Criminal Appeals] decisions themselves; instead, he targets as unconstitutional the Texas statute they authoritatively construed.... [A] state-court decision is not reviewable by lower federal courts, but. a statute or rule governing the decision may be challenged in a federal action. [Petitioner’s] federal case falls within the latter category.”) (footnote omitted). Rooker-Feldman therefore does not bar Kachalsky’s claims. e. County as a Proper Party In its Motion to Dismiss, the County puts forth the separate argument that it is not a proper party to this lawsuit because it does not effectuate the grant or denial of full-carry permits and plays a limited role in the permitting process under applicable state law. The County notes that, although county law enforcement conducts the investigations that grow out of full-carry permit applications, the state’s licensing officers (here, the State Defendants) make independent and ultimate determinations regarding such applications. As such, they argue, Plaintiffs have failed to allege that they were denied any constitutional right by the County, as required by Section 1983. See Dove v. Fordham Univ., 56 F.Supp.2d 330, 336 (S.D.N.Y.1999) (“In order to hold a municipality liable as a 'person’ within the meaning of § 1983, [a plaintiff] must establish that the municipality itself was somehow at fault.”). In response, Plaintiffs note that defendants sued under Section 1983 are “responsible for the natural consequences of [their] actions,” and “may be held liable for those consequences attributable to reasonably foreseeable intervening forces, including the acts of third parties.” Kerman v. City of N.Y., 374 F.3d 93, 126 (2d Cir.2004) (alteration in original) (internal quotation marks omitted). Here, Plaintiffs argue, it was reasonably foreseeable that the State Defendants would heed County law enforcement’s recommendations to deny Plaintiffs’ full-carry permit applications, and that this is sufficient to make the County a proper party. In light of the disposition below, I need not decide whether the County is a proper party and assume for the sake of argument that it is. I now turn to the question of the as-applied and facial constitutionality of Section 400.00(2)(f), which I address in the context of Plaintiffs’ Motion for Summary Judgment and State Defendants’ Cross-Motion for Summary Judgment. B. Motion and Cross-Motion for Summary Judgment 1. Legal Standard Summary judgment is appropriate when “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.CivJP. 56(a). “[T]he dispute about a material fact is ‘genuine’ ... if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is “material” if it “might affect the outcome of the suit under the governing law.... Factual disputes that are irrelevant or unnecessary will not be counted.” Id. On a motion for summary judgment, “[t]he evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in [her] favor.” Id. at 255, 106 S.Ct. 2505. The movant bears the initial burden of demonstrating the absence of a genuine issue of material fact, and, if satisfied, the burden then shifts