Gun Rights Group Targets New York’s Nonresident Carry Restriction 

On Nov. 21, the Firearms Policy Committee (FPC) filed a lawsuit against the State of New York, challenging the state’s ban on carrying firearms for residents of other states.

In Shaffer v. Quattrone, the plaintiffs argue that the carry ban for lawful nonresidents, which restricts their constitutional right to carry within state boundaries, violates their Second Amendment-protected right to keep and bear arms. Plaintiffs in the case are individual FPC members Matthew Shaffer, Ralph Flynn, Peter Robbins and Charles Pompey, and the U.S. District Court for the Western District of New York will hear the case.

FPC President Brandon Combs stated in a news release announcing the action, “We will continue to teach Governor Hochul that the right to keep and bear arms doesn’t end at New York’s borders. 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.”

In the complaint, FPC lawyers stated: “As a result of the ban, most non-residents who visit New York, whether occasionally or regularly, are ineligible to apply for any New York State firearms license, and so are prohibited from carrying or possessing loaded, operable firearms and semi-automatic rifles in New York. Thus, the Individual Plaintiffs, other similarly situated FPC members, and many other non-residents are barred from lawfully possessing or carrying a firearm in public for self-defense when they visit New York.”

In the complaint, FPC also argued that the Second Amendment is the only constitutional right that government entities believe they can restrict to within state borders.

“Citizens do not lose protection of their rights under the First Amendment’s speech or religion clauses when they cross state lines,” the complaint stated. “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.:

In the end, FPC is asking the court to rule that the law violates the U.S. Constitution and halt its enforcement.

“In sum, New York’s Non-Resident Ban violates the Second and Fourteenth Amendments to the United States Constitution, as well as Article IV of the same—the Privileges and Immunities clause,” the complaint stated. “This Court should enter a judgment that declares the Ban unconstitutional and enjoins Defendants from rejecting firearms license applications from non-residents whose applications are otherwise proper.”