Non NY Residents Can Apply for a NYC Pistol Permit
About two weeks ago, there were a few articles about an ‘Emergency Rule’ in New York City allowing non-New York State residents to apply for a pistol permit in NY City. The stories fell far short of being fully informative and left many people confused. SCOPE read the actual Emergency Rule* and the following is a summary.
On August 6th, NY City Mayor Adams signed the NOTICE OF ADOPTION OF EMERGENCY RULES RELATING TO NON RESIDENT APPLICANTS FOR CARRY LICENSES AND TO PURCHASE AND REGISTRATION AUTHORIZATIONS. (Emphasis added.) The Emergency Rules are effective immediately, but only for 60 days while the NY Police Department develops permanent rules.
First, a brief history:
On June 23, 2022, the United States Supreme Court ruled in N.Y. State Rifle & Pistol Association v. Bruen that New York State’s “proper cause” requirement for obtaining a concealed carry firearm license was an unconstitutional restriction on an individual’s 2nd Amendment right to bear arms.
On July 1, 2022, New York State enacted new statewide licensing standards removing the “proper cause” standard and adding additional criteria, effective September 1, 2022, for carry license applicants. (The ill named Concealed Carry Improvement Act.)
In addition, New York City says it revised its licensing regulations to remain consistent with case law and continues to do so in response to evolving Second Amendment cases, including the Supreme Court’s decision in United States v. Rahimi.
2024 NYPD rules did not contain formal procedures for applicants who do not reside in New York State, are not principally employed within New York City, and do not have their principal place of business in New York City.
Which brings us to today.
Mayor Adams believes an Emergency Order is needed, two years later! Sounds fishy! (With apologies to fish.)
The order justifies itself by the following statement: Delaying implementation of these additional rules would severely impede New York City’s ability to effectively and legally regulate handgun ownership within its jurisdiction.
That doesn’t begin to explain the sudden emergency, after two years, to permit non-New York State residents who are not principally employed within New York City to apply for a pistol permit in NY City.
And what is that add on about rules for “Purchase and Registration Authorizations”
Per the order: Section 5-25 of Title 38 of the Rules of the City of New York, relating to handgun acquisition requirements is REPEALED, and a new section 5-25 is added. In addition to any applicable federal or state requirements, the following procedures apply to all licensees seeking to acquire and register a handgun to one or more of their licenses
No person shall acquire a firearm if such person has acquired a firearm within the previous ninety (90) days
Any licensee who obtains a handgun must purchase or obtain a safety locking device at the time of acquisition of such handgun,
A licensee may not take possession of a handgun without prior written authorization from the Division Head, License Division.
A licensee may not take possession of a handgun before it has been inspected by License Division personnel and entered on the license.
The number of handguns allowed under each type of handgun license is limited to 1 or 2.
Buried in the non-resident Emergency Rules are more anti-2A rules which have nothing to do with non-residents.
Sneaky. But could there be even more that is concerning NY City’s anti-2A leadership?
On August 24th it was reported that the Second Amendment Foundation (SAF), the California Rifle & Pistol Association, Gun Owners of America, Gun Owners Foundation, Gun Owners of California and seven private citizens won a victory when a federal judge granted a preliminary injunction against California’s ban on non-resident concealed carry. (The state has 21 days to file a response.)
In her decision, Judge Garnett observed, “the State bears the burden of showing whether California’s residency requirements for a CCW license is ‘consistent with the Nation’s historical tradition of firearm regulation…the State has not carried its burden at this stage to show that the limitation of CCW licenses to California residents is part of a historical tradition of this Nation.”
Could this be the emergency?
Did NY City suspect that the courts would rule against California and issue an opening salvo against non-resident concealed carry as being unconstitutional under “Bruen”. The same thing that NY City says it is addressing in its Emergency Rules - which only serve to make the rules more bureaucratic. Non-NYS residents can apply for a permit but don’t hold your breath while the anti-2A bureaucracy in NY City buries you in rules, regulations, delays and disinterest under the Emergency Rules.
When faced with losing a court case, in the past, both NY City and State have tried to moot the case by tweaking the law. Their changes may not hold up under judicial scrutiny but that’s not the point. Forcing 2A plaintiffs to spend years and hundreds of thousands of dollars on lawsuits - that’s the point.
Statement of Basis and Purpose of Emergency Rule
