Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Part-Time Residents' Gun Possession

Monday, June 24, 2013

Addressing a longstanding injustice that affects retirees and others who divide their time between different states, the case of Osterweil v. Bartlett challenges New York’s refusal to issue handgun permits to part-year residents. The plaintiff lives part of the year in Louisiana and part of the year in upstate New York, where local authorities denied him the permit that is required to possess any handgun in the home under New York law.  

Mr. Osterweil (a retired lawyer) sued, rightly arguing that the right to keep arms in one’s home is not limited to full-time residents. Unfortunately, in May 2011, a federal district judge rejected his claim. Relying on decisions handed down before Heller, the court ruled that because it’s harder for New York to track the eligibility of part-time residents, licenses can fairly be limited to “those people who have the greatest contacts with New York.”

With the support of the NRA, Mr. Osterweil appealed—now represented by former U.S. Solicitor General Paul Clement. The case was decided on Jan. 29 by a three-judge panel of the U.S. Court of Appeals for the Second Circuit. (One of the judges was retired Supreme Court Justice Sandra Day O’Connor.)  Rather than answering the fundamental question, the court agreed with the state that there should first be a ruling from the New York courts on the meaning of the state law. In other words, the federal judges decided to ask the state courts whether New York law really does prohibit issuance of handgun licenses to part-time residents.

To deal with situations like this, the federal courts use a process known as “certification,” in which the issue is sent to the state’s highest court for consideration. In this case, that court is the New York Court of Appeals, which accepted the question on Feb. 19. While a state court ruling that part-time residents are entitled to apply for permits would give welcome relief for many, this latest procedural twist also means that Mr. Osterweil’s exercise of his fundamental Second Amendment right to protect himself in his home will, unfortunately, be further delayed.

TRENDING NOW
Kentucky: House Introduces Constitutional/Permitless Carry Legislation

Tuesday, February 14, 2017

Kentucky: House Introduces Constitutional/Permitless Carry Legislation

The Kentucky House of Representatives introduced their own constitutional/permitless carry bill. House Bill 316, sponsored by Representative C. Wesley Morgan (R-81), recognizes Kentuckians’ freedom to legally carry a concealed firearm without the burdensome requirement of acquiring ...

Senate Votes to Block Obama Social Security Administration Gun Ban; Legislation Heads to President Trump

News  

Friday, February 17, 2017

Senate Votes to Block Obama Social Security Administration Gun Ban; Legislation Heads to President Trump

On Wednesday morning, the U.S. Senate voted 57-43 in favor of H.J.Res.40, which would block the implementation of an Obama-era rule under which the Social Security Administration (SSA) would report the names of tens of ...

NRA-Backed Resolution to Stop Obama Attack on State Wildlife Management Passes House

News  

Hunting  

Friday, February 17, 2017

NRA-Backed Resolution to Stop Obama Attack on State Wildlife Management Passes House

On Friday, the U.S. House of Representatives passed H.J. Res. 69, a measure that would use the Congressional Review Act to repeal an Obama-era rule passed by the U.S. Fish and Wildlife Service (FWS) to preempt ...

Massachusetts: Legislation Introduced to Challenge AG Healey’s Gun Ban

Thursday, February 16, 2017

Massachusetts: Legislation Introduced to Challenge AG Healey’s Gun Ban

The Massachusetts General Court’s 2017 legislative session is in full swing with the introduction of numerous pro- and anti-gun bills.  Among the pro-gun bills are Senate Docket 1157 and Senate Docket 1889.  Both SD 1157 ...

Washington: One Anti-Gun Substitute Dies in Committee, Another is Headed to the House Floor

Thursday, February 16, 2017

Washington: One Anti-Gun Substitute Dies in Committee, Another is Headed to the House Floor

Today, the House Judiciary Committee considered substitute bills for House Bill 1387 and House Bill 1122. 

Connecticut Governor Covers for Failed Policies by Increasing Fees on Gun Owners

News  

Friday, February 17, 2017

Connecticut Governor Covers for Failed Policies by Increasing Fees on Gun Owners

Times are tough in the Constitution State, where Democrat governor Dannel Malloy of Connecticut, despite governing the fifth wealthiest state in the nation, where 25% of households earn more than $100,000 and 10% earn more ...

Media Smears the Disabled, Misinforms on Social Security Gun Ban

News  

Friday, February 17, 2017

Media Smears the Disabled, Misinforms on Social Security Gun Ban

Last week, the Richmond Times-Dispatch issued an editorial titled, “Time to license guns - for journalists,” which cited an embarrassing string of journalistic blunders to illustrate the media’s dearth of firearms knowledge. The piece concluded, ...

California DOJ Withdraws “Assault Weapon” Regulations

Monday, February 13, 2017

California DOJ Withdraws “Assault Weapon” Regulations

As previously reported, after the California Department of Justice submitted regulations regarding newly classified “assault weapons” to the Office of Administrative Law (“OAL”) for publication in the California Code of Regulations (CCR), NRA and California ...

South Dakota: Bill Introduced to Silence NRA Communications

Friday, February 17, 2017

South Dakota: Bill Introduced to Silence NRA Communications

Recently introduced in the House of Representatives is House Bill 1200, legislation that would severely limit your NRA-ILA’s ability to communicate with its membership in South Dakota.

Georgia: Multiple Firearm-Related Bills to be Considered in Committee Next Week

Friday, February 17, 2017

Georgia: Multiple Firearm-Related Bills to be Considered in Committee Next Week

On Monday, February 20, the Georgia House Public Safety and Homeland Security Committee is scheduled to hear multiple important pro-gun bills:

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.