Wednesday, January 30, 2013

Certified Question in Gun Case

The Second Circuit, in a decision by retired Justice Sandra Day O'Connor, has certified a question to the New York State Court of Appeals, in a case involving New York's gun licensing rules.  The case involved an individual who was denied a gun license because he was not domiciled in New York; he merely had a vacation home in the State.  The relevant statute was understood to require a domicile in New York.  The individual brought an action, asserting that to the extent that the gun licensing statute prevented him from having a license, it was unconstitutional.  The District Court granted summary judgment to the State, dismissing the action.  On appeal, the Second Circuit declined to rule and certified the following question to the New York State Court of Appeals:

Is an applicant who owns a part-time residence in New York but makes his permanent domicile elsewhere eligible for a New York handgun license in the city or county where his part-time residence is located?

The decision in Osterweil v. Bartlett can be found here.

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