A group of gun owners filed a lawsuit against New York over state laws that prohibit non-residents from obtaining a license to carry firearms in the state.
Under current state law, only residents of the Empire State may obtain a firearm license. The state does not have reciprocity, meaning it will not honor other state permits.
Gun Owners of America and Gun Owners Foundation filed a federal lawsuit Monday in the Northern District of New York challenging the ban. Among the plaintiffs include Newsmax’s Carl Higbie, who is listed as an individual plaintiff. (RELATED: New York Trying To Resurrect Racist Laws To Restrict Gun Ownership)
— Carl Higbie (@CarlHigbie) February 6, 2024
“The State of New York and its cadre of anti-gun politicians have done everything in their power to weaken and outright ban the Second Amendment within their borders,” Gun Owners of America’s Senior Vice President Erich Pratt said in a statement. “The Supreme Court has made clear that the right to bear arms extends to the public square, and this right is for all Americans, not just those who are residents of individual states.”
The lawsuit argues the state’s prohibition on non-residents applying for a gun permit to possess or carry firearms violates both the Second and Fourteenth Amendments. The lawsuit alleges the state allows “New Yorkers to exercise enumerated rights that are denied to (but are held by) all other Americans.”
“Second, New York does not honor the permit of any other state, a scheme that is plainly unconstitutional under Bruen, and which violates the constitutional requirement that New York grant Full Faith and Credit to the concealed carry permits issued by other states,” the lawsuit continues.
A similar lawsuit has been filed in California by the California Rifle & Pistol Association and multiple gun rights organizations against the Los Angeles County Sheriff’s Department. Among the plaintiffs in the case is a Florida resident who frequently travels to California and alleges that his carry permit was denied due to his status as a non-resident. California does allow non-residents to transport firearms within the confines of the state, unlike New York.