The Court of Appeals says New York pistol permits, which are issued by cities or counties, are not limited to people whose primary residence is in New York.
Alfred Osterweil's license application was denied in 2008 by a judge in Schoharie County because he only had a part-time vacation residence there. His primary home is in Louisiana.
His lawyer had urged the court to directly cite his Second Amendment right to bear arms as the reason he should get a license, arguing the state law should be struck down.
The seven judges unanimously declined Tuesday to rule on whether the state law as previously interpreted was unconstitutional.
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