Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Rights of Part-time New York Residents Affirmed

Friday, January 17, 2014

In a victory for gun owners who spend at least part of the year in the Empire State, on October 15, 2013, the New York State Court of Appeals issued an opinion in the case of Osterweil v. Bartlett that makes clear that part-time residents are eligible for New York handgun licenses.

The case arose when Alfred G. Osterweil, a resident of the town of Summit in Schoharie County, N.Y., submitted an application for a New York State pistol license in May of 2008. During the process, Osterweil alerted the Schoharie County Sheriff that he had purchased a home in Louisiana and intended to make that home his primary residence, while keeping another residence in Schoharie County. Unclear on how to proceed, the Schoharie County Sheriff queried Schoharie County Court Judge and licensing officer George R. Bartlett on the matter. Bartlett denied Osterweil’s pistol license application in May 2009.

In his denial, Bartlett claimed that the establishment of domicile in New York is required for an applicant to be eligible for a pistol license. Osterweil appealed the decision to the U.S. District Court for the Northern District of New York, which ruled in favor of Bartlett. Osterweil then appealed once more to the United States Court of Appeals for the Second Circuit, which in turn asked the New York State Court of Appeals to resolve a potentially dispositive statutory issue in the case.

New York state law states, “[a]pplications shall be made and renewed, in the case of a license to carry or possess a pistol or revolver, to the licensing officer in the city or county, as the case may be, where the applicant resides.” The State Court of Appeals determined that the case hinged on the different definitions of residence and domicile. Citing New York case law, the court determined that “an individual can have more than one residence, but only one domicile.” Therefore, the court held, “The plain language of the statute is not consistent with the theory that the law requires an applicant to establish domicile as an eligibility requirement.”

The court’s opinion also went on to cite the statute’s legislative history: “the … history of the statutes that underlay Penal 400 evinces an intent to ensure that an applicant for a handgun license applies in his place of residence, rather than an intent to limit licenses to applicants who make their domicile in New York.” According to the court, the requirement for applicants to apply within their own county of residence is intended to prevent “forum-shopping” for licenses in parts of the state where they are issued more readily than in others.

In choosing to base its ruling strictly on how the handgun licensing statute interacts with the definitions of residence and domicile, the court declined to opine on whether the New York law, as interpreted by Bartlett, is unconstitutional. Osterweil’s attorneys had argued that if New York’s pistol licenses were by law limited to those domiciled in the state, such a law would violate the Fourteenth Amendment’s equal protection clause and the Second Amendment.

While the constitutional issues posed by the case for now remained unresolved, the ruling is an important victory for New York gun owners, ensuring that those who divide their time between homes in New York and another state will not be deprived of the means of self-defense while doing so. 

TRENDING NOW
HOA Firearm Clash Augurs a Broader Legal Debate

News  

Monday, June 1, 2026

HOA Firearm Clash Augurs a Broader Legal Debate

The fight to defend Second Amendment rights is not confined to Washington, D.C., or even to the halls of state capitals.

Virginia’s Semiauto Ban Hits Snag With County Enforcement Officials

News  

Monday, June 1, 2026

Virginia’s Semiauto Ban Hits Snag With County Enforcement Officials

While Virginia’s bans on “assault firearms” and magazines capable of holding more than 15 rounds was signed into law on May 14, and is scheduled to go into effect on July 1, it remains to be seen ...

New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

Florida Attorney General, Law Enforcement Commissioner, and State Attorneys Agree Florida’s Waiting Period Law Violates the Second Amendment in NRA Challenge

Friday, June 5, 2026

Florida Attorney General, Law Enforcement Commissioner, and State Attorneys Agree Florida’s Waiting Period Law Violates the Second Amendment in NRA Challenge

Today, the parties in the National Rifle Association’s challenge to Florida’s firearm waiting period law jointly filed an Offer of Judgment asking the U.S. District Court for the Middle District of Florida to declare the ...

Yet Another Tragic Example of the False Promise of Red Flag Laws

News  

Thursday, May 28, 2026

Yet Another Tragic Example of the False Promise of Red Flag Laws

We’ve consistently highlighted the defects of “red flag” laws, the chief of which is the underlying philosophy that compelling removal of a person’s own firearms is a sufficient resolution of any risk or threat of harm.

NRA Files Lawsuit Challenging Maryland’s Glock Ban

Wednesday, May 27, 2026

NRA Files Lawsuit Challenging Maryland’s Glock Ban

The National Rifle Association, Firearms Policy Coalition, and Second Amendment Foundation filed a lawsuit yesterday challenging Maryland’s ban on Glock and Glock-style handguns.

NRA Files Lawsuit Challenging Post Office Carry Ban

Tuesday, May 26, 2026

NRA Files Lawsuit Challenging Post Office Carry Ban

The National Rifle Association, Gun Owners of America, Gun Owners Foundation, and three NRA members today filed a lawsuit challenging the federal prohibition on carrying firearms at United States Post Offices.

Virginia: Circuit Court Injunction Halts Private Sale Background Checks in Virginia

Thursday, June 4, 2026

Virginia: Circuit Court Injunction Halts Private Sale Background Checks in Virginia

Yesterday, June 3rd, following a hearing on an earlier injunction and final order from the Lynchburg Circuit Court, the Virginia State Police posted a notice that private sale background checks were no longer required or ...

Pennsylvania: House Majority Democrats Pushing More Gun Control Next Week

Saturday, June 6, 2026

Pennsylvania: House Majority Democrats Pushing More Gun Control Next Week

On Monday, June 8, the House Judiciary Committee will hear a bill that will force Keystone gun owners to keep their guns under lock and key or face the consequences. 

New York: Waiting Period Bill Passes Senate, Heads to Assembly

Thursday, June 4, 2026

New York: Waiting Period Bill Passes Senate, Heads to Assembly

On Wednesday, June 3, the New York Senate passed S.9883A, which creates a three-day waiting period on the transfer of all pistols, shotguns and rifles. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.