In a pivotal legal battle that puts the spotlight on the Second Amendment rights of nonresidents, gun rights activists have filed a federal lawsuit against New York laws that strictly limit the ability of individuals who do not reside within the state to possess or carry firearms. This legal action seeks to dismantle existing statutes that prevent nonresidents from carrying firearms in public, asserting that these restrictions infringe upon constitutionally guaranteed rights.
New York stands out among states for its refusal to honor gun carry permits or licenses issued by any other states. This means that gun owners from across the nation cannot use their home state permits to legally carry firearms within New York. Furthermore, unless nonresidents own property in New York, they are barred from applying for a New York firearm carry permit, a requirement for legally bearing arms in the state.
This lawsuit, initiated by Gun Owners of America and Gun Owners Foundation, underscores a significant disparity in the application of constitutional rights, particularly the Second Amendment’s right to bear arms. The plaintiffs, including Newsmax TV host and retired U.S. Navy SEAL Carl Higbie, argue that while drivers’ licenses from out-of-state are accepted in New York, the same reciprocity is not extended to gun permits, effectively denying 94% of Americans the right to bear arms in New York based on their residency.