Opinion
New York – -(AmmoLand.com)- Today, August 12th, 2024, the New York City Police Department announced new emergency rules [embedded below] regarding applications for NYC concealed carry licenses by non-state residents. This move, coming more than two years after the Supreme Court’s Bruen decision, has raised questions about its timing and intent.
The Nature of the “Emergency”
The new rules, signed by NYC Mayor Eric Adams and Police Commissioner Edward A. Caban, suggest that non-state residents can now apply for concealed carry licenses within the city. But is this truly the case?
The “new” rule states that out-of-state residents with a ‘connection’ to the five NYC boroughs now have a legal pathway to obtain these licenses despite New York’s historically stringent handgun laws. So if you have a valid reason, [contact the Seneca Sporting Range for additional information and guidance] to be any of New York City’s five boroughs, Manhattan, Brooklyn, Queens, The Bronx, and Staten Island, you can now apply for a valid NYC Carry License.
Too Good To Be True?
This surprise rule change still raises some questions.
New York State’s Handgun Law, specifically Section 400.00, does not mention or explicitly allow for out-of-state residents to obtain a handgun license. The law focuses on applicants who reside, work, or have a business in New York. This suggests that the state legislature never intended to allow out-of-state residents to acquire licenses without a significant connection to New York.
The Osterweil Case and Its Implications
The 2013 Osterweil v. Bartlett case dealt with a part-time New York resident seeking a handgun license. The New York State Court of Appeals ruled that a person does not need to be domiciled in New York to qualify for a license, provided they have some connection to the state. However, the case does not support the notion that someone with no connection to New York could obtain a license, which contradicts the implications of the NYC emergency rules.
The City’s Potential Motives
The NYC Mayor and Police Commissioner may be conflating non-state residents with and without connections to New York. The new rules might suggest a potential revenue stream from non-state resident applications, even if those applications are ultimately denied. This could be seen as misleading the public and could lead to accusations of fraud.
The Need for Clarity
Given the ambiguity surrounding the term “non-state resident” and its legal implications, the public should demand a clear and comprehensive explanation from city officials. Without this, the new rules could create confusion and legal challenges, leaving both applicants and the city in a precarious position.
Read our in-depth article on this new rule change. NYC Mayor & Police Commissioner Suggest That “Non-State Residents” Can Acquire A Concealed Carry Handgun License. But Is That True?
New York City Police Department Notice Of Adoption Of Emergency Rules Relating To Non-Resident Applicants
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The NYC is clearly looking for revenue guilt by association when I ran from NYS I was given 11 days to return my hand gun permit or a felony warrant would be issued for my arrest. I complied never looking back what was once a wonderful place to live is now a political hell hole. The law focuses on applicants who reside, work, or have a business in New York. This suggests that the state legislature never intended to allow out-of-state residents to acquire licenses without a significant connection to New York. They intend to collect taxes from those who… Read more »
Hopefully this a pathway from out of state residents to illegal immigrants to get carry licenses and join the NYPD. I hear MS-13 is looking to make good in the sanctuary state of NY. Thanks Eric Adams
Reciprocity all across the USA. Trump claims that if the bill hits his desk he will sign it. So, when people are saying that Kamalatoe will take away taxes on tips, let them know that is a lie, she could have already done it and that she is copying Trump and what Trump will do concerning concealed carry and ask them if they think that Kamalatoe would ever do that? NOT!!!!!!!
GOA is claiming this is fallout from the Higby case they’re backing. This is probably correct. The actual memo quotes “recent US Supreme Court decisions” and mentioned two: Bruen and RAHIMI. https://www.gunowners.org/wp-content/uploads/Emergency-Gun-License-Rules-8.8.24.pdf That latter is big news. The only possible connection between NY’s past exclusion of out-of-staters and Rahimi is the idea that people can only be disarmed by their own past misdeeds rather than “you ain’t from around here”. That means the NYPD memo can be cited as persuasive authority in any case challenging the same “outsider carry exclusions” in Hawaii, California, Oregon and Illinois, all of which have… Read more »
I’m sure it’s a trap.
Thanks for additional info. I had not noticed the “connection” requirement – so could have fallen victim to this scheme.
Note given cost, lack of utility (almost never in NY), and risk of falling prey to their carry restrictions … wouldn’t have bothered applying anyway. lol.
Better solution is to keep my body and my money out of the state.