If you’ve recently been keeping up with 2nd amendment court cases and gun-related legal news, you may have heard about a heated lawsuit challenging New York’s restrictions on out-of-state visitors carrying firearms. Here’s what’s happening.
What’s the Issue?
Right now, New York has some very strict rules when it comes to carrying firearms (pay attention that NYC does allow non-resident CCW). If you’re not a New York resident, even if you legally carry in your home state, you can’t apply for a concealed carry permit in New York. This means visitors, whether they’re coming for business or personal reasons, cannot legally carry their CCWs in public within the state.
Why Are People Suing?
Four legal firearm owners who live in neighboring states (and often visit New York) have filed a lawsuit in federal court. They argue that New York’s ban on non-resident concealed carry permits is unconstitutional. Their main point? Constitutional rights shouldn’t change just because you cross state lines. They compare this to rights protected by the 1st and 4th Amendments—you don’t lose freedom of speech or protection against illegal searches just because you’re in a new state. The same goes for the 2nd Amendment, they argue.
What Does the Lawsuit Say?
These plaintiffs, backed by the Firearms Policy Coalition (FPC), highlight that New York’s laws make it nearly impossible for lawful out-of-state gun owners to protect themselves during visits. One of the plaintiffs, who regularly visits the state to see family and shop for groceries, says he has to leave his firearm behind each time he crosses into New York, making him feel unsafe and stripped of his Second Amendment rights.
New York gun laws require concealed carry applicants to either live, work, or have a business in the state. This leaves non-residents like these plaintiffs without any legal way to carry, even if they already hold CC permits from their home states.
What’s the Legal Argument?
The lawsuit cites the precedent set in New York State Rifle & Pistol Assn., Inc. v. Bruen which established that any gun laws must align with historical traditions. The plaintiffs argue that New York’s non-resident carry ban has no historical justification and is therefore unconstitutional.
What Happens Next?
If this lawsuit succeeds, it could force New York to allow non-residents to apply for and receive concealed carry permits. This would make it much easier for lawful firearm owners to travel through the state without worrying about breaking the law.
Final Thoughts
This case has sparked lots of conversation about Second Amendment rights and how they’re applied across state lines. For non-residents who rely on their firearms for personal safety, the outcome of this lawsuit could set an important precedent.