Sophonnawit Inkaew

BY JEFF CHUDZINSKINorth Country This Week

MASSENA -- Non-residents of New York can now apply for a concealed carry license in the state after a federal judge ruled against the state’s existing permitting scheme. 

State officials had argued that their licensing measures were not entirely prohibitive for non-residential applicants, saying certain guidelines allowed for those who owned habitable property or a business stake in the state to apply for such a license. 

The court ruled that argument did not pass muster, however.

The case revolved around multiple plaintiffs, including Carl Higbie, who live in neighboring states but frequently enter New York for business and other personal matters. 

In the case of Higbie, he would hunt property bordering New York and could unknowingly enter the state while hunting on state land, a violation of New York's concealed carry laws. 

Assisting on the case, which was filed by Gun Owners of America, was County Attorney Steve Button. 

Button began work on the case shortly after it was initially filed two years ago after legislators approved of his involvement in the case. 

Button has also assisted on other gun rights cases in recent years, including Antonyuk v. Bruen, which aims to strike down various provisions of 2022's Concealed Carry Improvement Act (CCIA). 

Those laws, passed after the Supreme Court overturning  of New York's 109-year-old concealed carry laws, have been under scrutiny for the last three years as multiple run rights organizations have questioned the constitutionality of the law. 

With the U.S. Northern District Court's ruling in the Higbie case on Aug. 20, the court found the restrictions to be a violation of the 2nd Amendment and ordered the state to establish a clear process for non-residents to apply. 

The court ruled that state lawmakers can not restrict concealed carry licenses to residency, property ownership or business interest.

It remains unclear if the process will be more restrictive for non-residents. Residents seeking a license  undergo criminal background checks, mental health hygiene checks and multiple reference requirements. 

In some counties, the process to license concealed carry holders falls to the Sheriff's Office, much like St. Lawrence County. Other counties allow the State Police to handle such matters. 

The state also cannot refuse to accept applications from eligible persons who are non-residents or work in the state, according to court documents. 

Another aspect of the decision that requires clarification is the determination of which county a non-resident should apply to, given they are no longer required to demonstrate a clear tie to the state. 

In the lawsuit, GOA said New York's licensing scheme was “an extreme outlier among the states," citing the fact 27 states do not have a concealed carry license requirement to conceal carry a firearm in public. 

In many states that do require a permit for concealed carry, open carry without a permit is also allowed, the suit states. 

State officials do not appear keen to appeal the decision, though that technically remains an option. 

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