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NY nonresident permit ruling (Osterweil case)

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Having read that opinion, the oral argument from Sept., the 2md circuit opinion certifying the question to the NY State Court, it seems that this decsion ONLY addresses the definition of "residency" under Penal  Law § 400.00(a)(3). Specifically, does the language "in the city or county, as the case may be, where the applicant resides," require that one also have one's main domicile there or does something like a vacation home suffice. 

Both the appellant (ccw applicant) and the State of NY agreed that it does NOT mean domicile. The State conceded this in order to avoid/bypass the constitutional issue that would be raised.  

 

The rest of P.L. § 400.00(a)(3) was not challenged and still requires some substantial contact within the city/county where one would apply, such as residency or "is principally employed or has his principal place of business as merchant or storekeeper" therein.

In other words, no non-resident permits unless you can show some connection to the city or county where you'd be applying.

Saying it's okay is one thing, getting is another.

 

 

In other words, no non-resident permits unless you can show some connection to the city or county where you'd be applying.

 

 

The design is clear. No one in the state can legally own a handgun [i.E. firearm] unless law enforcement (through registration and approval) knows about it.

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