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
Bloomberg Dismisses Texas Hero, Insists It Wasn’t His “Job” to Have a Gun or Decide to Shoot

News  

Monday, January 6, 2020

Bloomberg Dismisses Texas Hero, Insists It Wasn’t His “Job” to Have a Gun or Decide to Shoot

Jack Wilson – a 71-year-old congregant of the West Freeway Church of Christ in White Settlement, Tex. – is a hero to most Americans. When a deranged man savagely murdered two of Mr. Wilson’s fellow ...

Wednesday, January 15, 2020

Alert! Florida REPUBLICAN Senators Vote for Massive Gun Control Bill

On Monday, 1/13/20, it happened again.  Senate President Bill Galvano picked a fight with Floridians who believe in the constitutional Right to Keep and Bear Arms. It is well known -- even by the media ...

Virginia: Bill Filed to Eliminate Right-to-Carry Permit Reciprocity!

News  

Tuesday, January 14, 2020

Virginia: Bill Filed to Eliminate Right-to-Carry Permit Reciprocity!

In an unhinged effort to attack Virginians’ Second Amendment rights, one member of the Michael Bloomberg-bought General Assembly is willing to undermine a bipartisan policy advanced by the previous Democratic governor and target one of the state’s ...

Grassroots Ramp Up Continues in the Old Dominion

News  

Friday, January 10, 2020

Grassroots Ramp Up Continues in the Old Dominion

Virginia’s General Assembly officially kicked off on January 8th, and the newly-controlled anti-gun legislative body is wasting no time in pushing its crusade against our gun rights.  Facing a barrage of bills anathema to our ...

New Hampshire: Bill to Shut Down Shooting Ranges Set for Committee Hearing

Thursday, January 16, 2020

New Hampshire: Bill to Shut Down Shooting Ranges Set for Committee Hearing

On January 23rd, the New Hampshire Senate Judiciary Committee will hold a public hearing on Senate Bill 469, sponsored by Senator Jeanne Dietsch (D – District 9), at 10:00 AM in Room 100 of the State ...

Washington: “Gun-Free Zone” Bill on Senate Floor

Wednesday, January 15, 2020

Washington: “Gun-Free Zone” Bill on Senate Floor

On January 13th, the Washington Senate pulled Senate Bill 5434 from the Senate Rules Committee back to the floor, where it can receive a vote at any time. SB 5434 was retained as a carry-over ...

Virginia: Senate Passes Three Anti-Gun Bills

Thursday, January 16, 2020

Virginia: Senate Passes Three Anti-Gun Bills

On Thursday, January 16th, the Virginia Senate voted to pass three of the anti-gun bills that the Senate Judiciary Committee approved on Monday. The fight is far from over! Dozens of other gun control bills ...

Washington: Additional Hearing Scheduled on Gun Ban Bills

Thursday, January 16, 2020

Washington: Additional Hearing Scheduled on Gun Ban Bills

On Tuesday, January 21st, at 10AM, the House Civil Rights & Judiciary Committee will consider several anti-gun bills that would severely restrict the Constitutional Rights of law-abiding Washingtonian citizens. This hearing comes just one day ...

Virginia: Senate Voting On Anti-Gun Bills Today!

Wednesday, January 15, 2020

Virginia: Senate Voting On Anti-Gun Bills Today!

The anti-gun majority continues to fast track their agenda. On January 16th, the full Virginia Senate will be holding floor votes on the gun control bills that only left committee on Monday.

California: Self-Defense Bill Fails to Pass Committee

Thursday, January 16, 2020

California: Self-Defense Bill Fails to Pass Committee

This week, Assembly Bill 503 failed to pass out of the Assembly Public Safety Committee on a party line vote.   AB 503, sponsored by Assembly Member Heath Flora (R-12) would have allowed an individual with a valid ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.