#4: Re your questions. Some are superfluous to the issue.
Let’s deal with the original issue, a person who lives out of state (Louisiana) has a second vacation home in NY. Can he be issued a gun permit in NY because he lives there part-time?
His claim should be, besides that of the 2nd Amendment, that since he pays property taxes (to county, city, state, etc), he is taxed as a resident, and not as a visitor who doesn’t own any property there.
Therefore his staying on “property” he owns in NY qualifies him as a “legal resident”, even if it is only parttime.
This is solely a “owning property, paying taxes on them” issue, not that of an itinerant visitor (who pays no property tax). Let’s keep the argument simple and direct.
Next question: Why doesn’t NY have reciprocity with other states who issue their residents legal CC Permits? Also, if their own state has such as reciprocity, make it a state to state issue.
If one’s state doesn’t have a reciprocity system, advocate for it.
If there is a “reciprocity agreement” between the states involved, you might not have to appear in the other state to get a permit, though it would be a significant deterrent to fraud if you appeared in person with your state permit and other identity papers.
Another way might be for your local police to vouch for your identity and have them send NY confirmation of your local permit and identity, for a set processing fee.
Comments anyone?
Ergo, New York has no right to establish its own permitting and use standards.
Well, I’m the itinerant non-taxpayer you’re talking about, so let me chime in.
My elderly father lives in NY. Since Mom passed away, we visit more frequently. He lives in a highly populated area where (guess what) crime is increasing.
I have other family in DC and Virginia, and we visit there two or three times a year. The drive down passes through NY, NJ, and Maryland.
I have a home state CCW, as well as VA non-resident. I cannot get NY or DC (because there are no non-resident permits), and I have been told that although there are such things as NJ and MD non-resident CCW permits that they are never issued to people like me.
So, as a NY-NJ-MD-DC non-resident, I am disarmed by the law. This is a substantial infringement on my liberty (even if there were no 2A), it puts my family at risk, it fails to give full faith and credit to the actions of my home state as well as the other states that have issued me permits.
The right of self-defense is a natural, not a constitutional one. This infringement on my liberty by the states of NY, NJ and MD, and by Congress in the case of DC is EXACTLY what the opponents of Amendments I-VIII said would happen if some of our natural rights were enumerated, which is why IX and X were included.
So, although I lack standing to sue NYS or Congress in the case of DC, I’m not sure the nonresident CCW holders who have been arrested, had their firearms confiscated, or who have been fined and incarcerated in those places don’t have a case.