NY court considers pistol permit restriction - NEWS10 ABC: Albany, New York News, Weather, Sports

NY court considers pistol permit restriction

ALBANY, N.Y. (AP) - New York's highest court has been asked to determine whether state law prohibits issuing pistol permits to people who only live in-state part time.

The case of Alfred Osterweil comes to the Court of Appeals by way of the federal courts, where he challenged Schoharie County's rejection of his 2008 handgun license application. While keeping a part-time vacation residence there, he advised the sheriff processing his application that he changed his primary residence to Louisiana.

A county judge ruled that he didn't qualify under the state law that requires license applications in the city or county where the applicant resides.

A federal appeals court is considering Osterweil's claim that violated his Second Amendment rights, but wants the state court to first determine the meaning of "resides" under the statute.

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