NEW YORK CITY, NY - In light of a lawsuit filed by Gun Owners of America on behalf of former Navy Seal, Newsmax host, and friend of Law Enforcement Today, Carl Higbie, the New York City Police Department (NYPD) issued an emergency rule on Friday that will permit anyone nationwide to apply in New York City for a license to carry.
In a post on X, the Gun Owners Foundation announced the decision by the NYPD and posted a copy of the emergency rule, citing the June 23, 2022 decision in N.Y. State Rifle & Pistol Ass’n v. Bruen (142.S.Ct.2111 [2022]). That decision overturned a New York state law that required a “proper cause” requirement for obtaining a concealed carry firearm license.
The court ruled that the law was an unconstitutional restriction on an individual’s Second Amendment right to bear arms for self-defense.
The NYPD said its current rules did not have formal procedures for applicants who don’t reside in New York, aren’t principally employed in New York City, and don’t have their principal place of business in the city.
“A process by which non-State residents can apply for a carry license will ensure that the City is able to properly regulate handgun ownership within NYC while also complying with the Bruen decision.”
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“In order to maintain a clear and publicly accessible policy, New York City must immediately implement an operative concealed carry licensing process for non-resident applicants. This emergency rule addresses an imminent threat to safety and property, as it allows New York City to maintain a licensing scheme that preserves public safety within the City while ensuring that gun license applications are evaluated in a manner consistent with the Supreme Court’s ruling in Bruen.”
The emergency rule then laid out the requirements to be used in applying for a license to carry in New York.
In response to the decision by the NYPD, Carl Higbie told Law Enforcement Today, “This is a big win for the Second Amendment, it’s where we should have been all along, but thankfully, Gun Owners of America was able to help get us there."
Gun Owners of America, on behalf of Higbie and other out-of-state residents, field a lawsuit against New York Attorney General Letitia James, arguing the state was putting an undue (and unconstitutional) burden on out-of-state gun owners.
While this is undoubtedly a step in the right direction, many people on the GOA website believe the rule doesn’t go far enough or instead goes too far. Based on the Second Amendment, they believe that carrying a firearm is a protected right and advocate for Constitutional carry as many states have already done.
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