Obama Judge Rules That New York Must Issue Out-of-State Permits - Ammoland.com

 On Wednesday, an Obama-appointed federal judge in Albany, New York, Mae D’Agostino, ruled that New York State must issue out-of-state concealed carry permits to those who apply.

Carl Higbie of Newsmax and two other Americans brought the case with the help of Gun Owners of America (GOA). Mr. Higbie travels to New York City regularly for work but does not live in the state. Being a public figure, Higbe wanted to carry a firearm within the state to protect himself, but since he is not a resident of the Empire State, it was almost impossible to get a concealed carry permit, despite having a Connecticut concealed carry permit. GOA and Higbie believed the banning of out-of-state residents from carrying handguns violates an American’s right to keep and bear arms as protected by the Second Amendment. Along with the Second Amendment violation, the plaintiffs also claimed the New York State law violated the Privileges and Immunities Clause of the United States Constitution.

After the lawsuit was filed, New York City started issuing out-of-state permits. Superintendent of the New York State Police Steven James tried to argue that the City’s choice to issue out-of-state permits made the case moot, but the judge didn’t buy the argument. New York State has a long history of trying to moot cases by making minor exceptions, such as making New York City the only place where an out-of-state resident can apply for a concealed carry permit. The Big Apple’s process of getting a concealed carry permit is more expensive, time-consuming, and arduous than in other parts of the Empire State.

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