From NRA-ILA Legal Update August 2011
New York – Statewide
The state of New York requires a premises permit in order to keep a handgun in the home for self-defense. Thumbing its nose at the U.S. Supreme Court’s Heller and McDonald decisions, however, New York refuses to grant this permit to anyone who owns property in the state but does not reside there full-time. In other words, if you own a house in New York but live there less than a majority of the year, the state says that the Second Amendment doesn’t apply to you. This is a clear violation of equal protection of the laws and the Court’s decisions in Heller and McDonald.
To fix this gross injustice, NRA-ILA is supporting the case of Osterweil v. Bartlett. Alfred Osterweil, a retiree who moved to Louisiana but kept a summer home in New York, applied in 2008 for a license to keep a pistol on his premises, but was rejected because he was no longer a resident. Representing himself, he filed suit in the U.S District Court for the Northern District of New York in 2009. On May 20, 2011 the trial court ruled against him, based on a pre-McDonald case that involved a nonresident seeking a permit to carry, rather than to possess a handgun in the home.
Facing an appeal in the case, Mr. Osterweil reached out to a lawyer who contacted us. NRA-ILA has assembled a team of top-notch counsel to argue the key question: whether New York can constitutionally deny a law-abiding citizen, who owns property and pays taxes, the ability to possess a gun in his own home in the state.
I was wondering how long it would take for a lawsuit like this to show up. I followed the last lawsuit that was lost and even have more info on the Bach v Pataki case. I don’t see how he can loose except for bad lawyers and even more biased Judges. From the decision” ” held that Bach could not allege a constitutional right to bear arms because the “Second Amendment is not a source of individual rights.” “ Well I guess that ship sank. Now we are going to have to get a lawsuit to make NY issue licenses to people who own 2 homes in NY, one in NYC and one outside of NYC. I called NYC’s pistol license department just after the Chicago decision and had one woman’s head spinning around when I gave her the situation where I lived in NYC but had another house in Orange County. My NYC premise license does not allow me to take my handgun outside of NYC but NY law only allows me to apply for a license where I live. My question is: Under Heller and Chicago don’t I get to have a gun in my home where ever that is? She finally sent me to a lawyer and he said they are reviewing the law and will make changes as needed. Still waiting.
Once one of the lawsuits states that the 2nd Amendment does include NY expect to see lots of changes and lawsuits if we can find the $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$