NYC - Interesting Gun Law "premises license"

RicInOR · Feb 27, 2018

NYC forbids individuals licensed to possess handguns in their homes from taking them outside the city, which means plaintiffs, who would like to practice and compete at firing ranges outside city limits, must borrow or rent other firearms. A Second Amendment violation? The Second Circuit says no. Also, one plaintiff, who would like to take his handgun to his second home upstate, can just apply for a separate license from the authorities there.

New York City licensing scheme under which an individual with a "premises license" for a handgun may remove the handgun from the designated premises only for specified purposes, including going to a shooting range in New York City. Plaintiffs sought to remove licensed handguns from their licensed premises for other purposes, including going to shooting ranges outside New York City and transporting the handgun to a second home in upstate New York.

New York City licensing scheme, Title 38, Chapter Five, Section 23 of the Rules of the City of New York ("RCNY"), under which an individual with a "premises license" for a handgun may not remove the handgun "from the address specified on the license except as otherwise provided in this chapter."

New York State law prohibits possession of "firearms" absent a license. N.Y. Penal Law §§ 265.01–265.04, 265.20(a)(3).1 Section 400.00 of the Penal Law establishes the "exclusive statutory mechanism for the licensing of firearms in New York State."

The Penal Law establishes two primary types of handgun licenses: "carry" licenses and "premises" licenses. N.Y. Penal Law §§ 400.00(2)(a), (f). A carry license allows an individual to "have and carry [a] concealed" handgun "without regard to employment or place of possession . . . when proper cause exists" for the license to be issued. Id. § 400.00(2)(f).

license is valid throughout the state except that it is not valid within New York City

A premises license is specific to the premises for which it is issued. The type of license at issue in this case allows a licensee to "have and possess in his dwelling" a pistol or revolver. Id. § 400.00(2)(a). Under the RCNY, a "premises license – residence" issued to a New York City resident is specific to a particular address, and "[t]he handguns listed on th[e] license may not be removed from the address specified on the license except" in limited circumstances,

Short Circuit: A roundup of recent federal court decisions
http://ij.org/wp-content/uploads/2018/02/15-638_opn.pdf

awshoot · Feb 28, 2018

So basically, the Court held in part that the guy who had two homes, should just buy another gun for the second one because he can afford it anyway (so if you are well off, would this court allow NY city to burn your books because you could just rebuy them outside city limits?):

Strict scrutiny does not attach to Rule 5-23 as a result of Colantone's desire
to transport the handgun licensed to his New York City residence to his second
home in Hancock, New York. Even if the Rule relates to "core" rights under the
Second Amendment by prohibiting Colantone from taking his licensed firearm to
his second home, the Rule does not substantially burden his ability to obtain a
firearm for that home, because an "adequate alternative[] remain[ s ] for
[Colantone] to acquire a firearm for self-defense."

The Court has no conception that guns are not fungible, and that even two firearms of the exact same manufacturer and model may shoot differently:

Finally, nothing in the Rule precludes the Plaintiffs from utilizing gun
ranges or attending competitions outside New York City, since guns can be
rented or borrowed at most such venues for practice purposes.