In layman’s terms: A 2A rights group is suing NY State for its restrictions on non-resident concealed carry.
On Thursday, November 21, Firearms Policy Coalition (FPC) filed a new federal lawsuit challenging New York’s ban on firearm carry by non-residents.
We will continue to teach Governor Hochul that the right to keep and bear arms doesn’t end at New York’s borders,” said FPC President Brandon Combs. “We look forward to ending New York’s immoral ban on carry by non-residents and allowing millions of peaceable people to exercise their rights as they visit the Empire State.
The complaint, known as Shaffer v. Quattrone, was filed in the United States District Court for the Western District of New York on behalf of four individual plaintiffs, supported by FPC. It challenges the fact that although New York State amended its firearm licensing scheme after Bruen, principally becoming a “shall issue” state, it quite purposely did not amend its prohibition on non-resident applications for firearms licenses. Thus, non-residents who do not own a home or business in New York (as well as those with a concealed carry license from other states) are unable to lawfully carry.
The complaint succinctly summarizes the current scenario:
This ban is unconstitutional. Citizens do not lose protection of their rights under the First Amendment’s speech or religion clauses when they cross state lines. Nor do they lose their protections under the Fourth Amendment’s prohibition on unreasonable searches and seizures. Likewise, they do not surrender their Second Amendment protected rights when they travel outside their home state.
New York is also currently being sued for its “Concealed Carry Improvement Act,” a Bruen-response bill that makes large portions of the state “prohibited locations” among many additional burdens, fees, and restrictions. You can read the latest updates on that case here.
You can donate to support this litigation here.
I don’t understand the argument! Article six contains the supremacy clause! It states that the Constitution is the law of the land! The second amendment is part of that constitution! End of argument! “Shall NOT be infringed!” What’s left to argue? Marbury vs Madison!