The judge can only rule on the complaint, and the complaint didn't address the legitimacy of the license (and its fee) in the first place. Right from the complaint...
Originally Posted by Yellowfin
"This lawsuit challenges only § 10 -131(a)(2) of the New York City Administrative Code, which requires applicants in New York City to pay an additional $340 fee, and § 400.00(14) of the New York Penal Law, which authorizes the City to charge different fees than the other licensing authorities throughout the State. This lawsuit does not otherwise challenge the laws of the City and State governing the issuance of handgun licenses."
Basically this suit is entirely an equal-protection claim based on different fees. But Jensen misunderstood equal-protection. It has always been the case that a person may be subject to different taxes and fees based on where they live. I live in NYC and I pay NYC income tax. This has been found to be constitutional because a person has chosen to live at that location and that implies acceptance of all the associated laws of that location. Equal-protection applies to a class of people where you suffer a permanent disability based on conditions beyond your control, such as the color of your skin.
The judge can't simply create his own issue to rule on from the complaint. That's what an activist judge does. Is that what you want?
I'm a computer programmer...not a lawyer. What little I know of the law I learned on my own, and can't vouch for its correctness. Use any advice at your own risk. That said, have a nice day :)