New York City Will Now Issue Out-of-State Concealed Carry Permits

The New York City Police Department (NYPD) will start processing concealed carry permits for out-of-state residents to avoid a possible lawsuit. NYPD Commissioner Edward Caban signed the new rule on August 1, and NYC Mayor Eric Adams signed the order on August 6. It was released to the public on August 9. The new rule goes into effect immediately.

“Current NYPD rules do not contain a normal procedure for applicants who do not reside in New York State, are not principally employed within New York City, and do not have their principal place of business in New York City,” The order reads. “A process by which non-State residents can apply for a carry license will ensure that the City is able to properly regulate handgun ownership within NYC while also complying with the Bruen decision. This emergency rule sets forth standards to submit and evaluate applications for carry licenses made by these individuals, hereinafter called ‘non-resident’ applicants. This emergency rule also amends and clarifies the process of purchasing and adding firearms to an individual’s New York City firearms license.”

New York City has been put on notice of a possible lawsuit after Gun Owners of America (GOA) sued over the denial of out-of-state concealed carry permits in Northern New York. This case involves News Max TV Host Carl Higbie, who is not a New York State resident but wanted to carry a firearm when visiting the Empire State. New York doesn’t have reciprocity with any other state, and until now, it has been impossible to get a concealed carry permit if you did not live in the state. New York is one of the very few states that do not have any way for an out-of-state resident to carry a firearm.

GOA believes this is a good first step but vows to keep fighting until New York’s concealed carry scheme is dismantled. The change was a last-ditch attempt to avoid a lawsuit nullifying the City’s concealed carry permit process. New York City has been hostile to gun owners and has tried to use any excuse to slow roll the changes required under Bruen but must have felt that time has run out and decided the best way to avoid a lawsuit was to pass an emergency order.

“This is great news for the untold millions of Americans who either work or visit New York every year,” GOA Senior Vice President Erich Pratt said. “It’s critical that everyone can exercise their inherent right to self-defense, but until now, anti-gunners in New York denied most Americans that basic right.”

“We will continue to monitor local cases to ensure that NYPD indeed grants these permits to applicants in a timely and non-onerous manner,” he continued. “Otherwise, we will gladly file another lawsuit directed specifically at Mayor Adams and the NYPD.”

The requirements for a non-resident to get a permit are the same as for an in-state resident. GOA and other gun rights organizations are challenging those requirements, including personal references, an 18-hour training class, and in-person visits. The order included a provision for all applicant social media accounts to be turned over to law enforcement. This requirement is bracketed out because the courts have ruled that it violates the First Amendment, so it is not in effect unless the court’s decision is reversed. The other provisions are being challenged in another GOA case, Antonyuk v. Hochul, which GOA is currently petitioning the Supreme Court to take up.

The rule is in effect now, but the NYPD’s website has not been updated.

About John Crump

Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.