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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
Short Circuit: A roundup of recent federal court decisionsA 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,
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