New York sued over hidden carry law restrictions

(Center Square) – New York is being sued over firearms restrictions that prohibit out-of-state concealed carry holders from obtaining a permit to bring their firearms into the state.

The processfiled by the Coalition for Firearms Policy in U.S. District Court in Albany, claims the restrictions violate the Second Amendment rights of out-of-state gun owners who cannot obtain a permit to carry a firearm when visiting New York . The lawsuit names New York State Police Superintendent Stephen James and several county sheriffs who have refused to issue permits to out-of-state gun owners.

“Citizens do not lose the protection of their rights under the First Amendment’s speech or religion clauses when they cross state lines,” the plaintiffs’ lawyers wrote in the 20-page complaint. “Nor do they lose their protection under the Fourth Amendment’s prohibition on unreasonable searches and seizures. Nor do they waive their Second Amendment rights when they travel outside their home state.”

The litigants are asking a federal judge to issue a declaratory judgment that New York laws barring non-residents from possessing or carrying firearms in public are unconstitutional under the Second and Fourteenth Amendments to the US Constitution.

New York, which has some of the toughest gun control laws in the nation, is facing several other lawsuits over gun restrictions, including a challenge to a law that makes it illegal to carry a firearm on private property without consent owner and another searcher. to lift restrictions on civilian armor sales.

A lawsuit filed by Gun Owners of America in February also focused on the state’s restriction on out-of-state firearms owners, which forced the New York City Police Department to enact an emergency rule allowing nonresidents apply for concealed carry permits around town.

Before the changes, the NYPD had no formal procedure for gun owners who do not live in New York or applicants who are primarily employed in New York City.

But the latest legal challenge is asking a federal court judge to strike down the law in its entirety, citing previous legal rulings, including the landmark U.S. Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, which overturned a century-old law in New York requiring applicants to show “good cause” to obtain a concealed carry license.

“We will continue to teach Governor Hochul that the right to keep and bear arms does not end at New York’s borders,” FPC President Brandon Combs said in a statement. “We look forward to ending New York’s immoral ban on non-resident carry and allowing millions of peaceful people to exercise their rights while visiting the Empire State.”