New York’s highest court says people who live only part-time in the state can get handgun licenses, according to Associated Press.
The Court of Appeals ruled unanimously that New York pistol permits, which are issued by cities or counties, are not limited to people whose primary residence is in New York.
Alfred Osterweil’s license application was denied in 2008 by a judge in Schoharie County because he only had a part-time vacation residence there.
His primary home is in Louisiana.
His lawyer had urged the court to directly cite his Second Amendment right to bear arms as the reason he should get a license, arguing the state law should be struck down.
However, the seven judges unanimously declined to rule on whether the state law as previously interpreted was unconstitutional, instead using a history of the state statute and case law, the court clarified that the licensing law’s language did not rule out issuance of licenses to applicants who only lived and worked in the state part of a year.
