Supreme Court will review NYC’s rule against moving licensed handguns

“New York City’s bizarre ordinance bans pistol permit holders from taking their firearms beyond the five boroughs. (The irony seems to be lost on the eminently anti-gun municipality, which one would think wants as many guns to leave as possible). …The Supreme Court will hear oral argument in New York State Rifle & Pistol Association v. City of New York in October, after it returns from its summer break.” [Cato at Liberty blog post by Ilya Shapiro and Matthew Larosiere, and related Cato Daily Podcast with Larosiere and Caleb Brown]

11 Comments

  • Breaking news from 1775: The government decrees that it is illegal for the minutemen to store weapons in Concord. The government dispatched Redcoats (some of whom were quartered in Bostonian homes without the owners consent) to enforce the decree. As part of that enforcement, buildings in Concord were searched without a specific warrant.

  • As it applies to transportation across state lines, does the NYC law not violate the Commerce Clause?

    • How can it apply to transportation across state lines. It only applies to transport within the city limits of NYC, and only allows transport to/from designated shooting ranges.

      What state line exists with in the city limits of NYC?

      • The article explicitly says that the NYC law forbids transporting guns out of the city. So, yes, if you live in Manhattan and take your gun to New Jersey, you have violated this law.

        • “The article explicitly says that the NYC law forbids transporting guns out of the city.”

          I’ve seen other articles about this ordinance. Technically, if forbids transporting a gun anywhere inside the city except between your home and one of 7 gun ranges inside the city. The violation doesn’t start at the city limits, it ends when you cross the city limits. Yes, it functionally forbids transporting the gun out of the city, but that’s because if effectively forbids transporting the gun from your home to the city limits.

          If there is even a few feet between the NYC city limits and the New Jersey state line, you are no longer in violation by the time the gun actually cross the state line.

          • In other words, my point was correct on the evidence before us. Your argument is based on the claim that the NYC regulations are different from what is described in the article. That may be right, but you don’t cite either these other articles, which we don’t know to be more accurate, or the regulations themselves.

            So, yes, if the regulations don’t ban transporting firearms across state lines, there is no Commerce Clause issue. If, as the article indicates they do, my point about there being an argument independent of the Second Amendment remains.

          • How about this from the second circuit decision in this case.

            https://www.leagle.com/decision/infco20180223090

            Plaintiffs New York State Rifle & Pistol Association, Romolo Colantone, Efrain Alvarez, and Jose Anthony Irizarry (collectively, “the Plaintiffs”) brought suit against Defendants City of New York and the New York Police Department-License Division (collectively, “the City”), challenging a provision of a 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
            [883 F.3d 52]
            not remove the handgun “from the address specified on the license except as otherwise provided in this chapter.” 38 RCNY § 5-23(a)(1). Under Rule 5-23 (“the Rule”), the licensee “may transport her/his handgun(s) directly to and from an authorized small arms range/shooting club, unloaded, in a locked container, the ammunition to be carried separately.” Id. § 5-23(a)(3).

  • According to the “City” in the complaint provided by MattS:

    “The Rule does not facially discriminate against interstate commerce, as it does not prohibit a premises licensee from patronizing an out-of-state firing range or going to out-of-state shooting competitions. The Plaintiffs are free to patronize firing ranges outside of New York City, and outside of New York State; they simply cannot do so with their premises-licensed firearm.”

    They, the “City” plainly state that you cannot take your handgun out of the city or state.

    • “They, the “City” plainly state that you cannot take your handgun out of the city or state.”

      Sure, in effect, but not because taking the gun across a state line is explicitly prohibited. They can’t take the gun off the premises to which it is licensed, except to go to a gun range in NYC. The only reason you can’t take it out of state, is because you can’t legally take it to the state line.

      The law as actually worded has nothing to do with crossing state lines, so there is no real basis for an interstate commerce challenge.

  • Apparently you cannot carry it to a gunsmith either if they are not colocated with the approved ranges.

  • That rule applies strictly to “Premise Permits”, not to “Target Permits” or “Carry Permits” in NYC. Interestingly a Carry Permit issued in NYC is valid throughout New York State but “Carry Permits” issued anywhere else in NYS are not valid in NYC unless issued to a retired Police Officer or unless they have a special NYC endorsement to carry in NYC. all of this is a gross violation of the Second Amendment to the United States Constitution and several other Constitutionally protected rights.

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