New York Gets Schooled: Federal Judge Says Non-Residents Can Apply for Carry Permits

Another State's Non-Resident Restrictions Get Shut Down by the Courts

Here's some good news out of New York: A federal judge just told New York that they can't automatically slam the door on out-of-state gun owners who want to apply for concealed carry permits in the Empire State.

U.S. District Judge Mae A. D'Agostino ruled on August 20th that New York's licensing laws are unconstitutional when they're used to block non-residents from even applying for permits. The decision came in the case Higbie v. James, and it's another win showing that your Second Amendment rights don't magically disappear when you cross state lines.

What Was Happening

Three gun owners from Connecticut and Massachusetts sued New York after being told they couldn't apply for carry permits simply because they don't live in New York. We're talking about law-abiding citizens with valid permits in their home states – including Carl Higbie (the Newsmax host), Joseph Harris (who has permits in eight different states), and Michael Votruba (who lives literally 400 yards from the New York border).

These aren't some sketchy characters trying to circumvent the system. These are people with clean records who just want to legally protect themselves when they visit New York to see family, conduct business, or pass through the state.

But New York's response? “Nope, you don't live here, so tough luck.”

The Court's Response

Judge D'Agostino wasn't having it. She applied the Supreme Court's Bruen decision (you know, the one that's been making anti-gun politicians cry since 2022) and found that New York couldn't point to any historical tradition supporting their “residents only” approach.

The key finding? There's no historical precedent for states to exclude out-of-state applicants, and none of these plaintiffs fall into any dangerous category that would justify denying them. They're not felons, they're not under restraining orders, they have good moral character, and they're not trying to carry unusual weapons in sensitive places.

In other words, New York was just being New York – hostile to gun rights because they can be.

This Sounds Familiar…

If this rings a bell, it should. Earlier this year, a federal judge in California made a similar ruling in Hoffman v. Bonta, telling the Golden State they also can't automatically exclude non-residents from their permit process. We covered that victory here.

Seems like there's a pattern developing – courts are finally recognizing that constitutional rights aren't limited by state borders. Imagine that.

What This Means for You

The Good News:

• Non-residents can now apply for New York carry permits
• States can't automatically reject applications just because you live elsewhere
• Your Second Amendment rights travel with you

The Reality Check:

• New York still doesn't have to honor your out-of-state permit (reciprocity)
• You still have to jump through all their hoops – background checks, training, fees, etc.
• They can still deny you for other reasons, just not solely because you're from out of state

The Bigger Picture

This decision is part of a growing trend where federal courts are using Bruen to strike down state-level restrictions on gun rights. Anti-gun states are learning the hard way that their creative restrictions on constitutional rights won't fly anymore.

As Judge D'Agostino put it, people have “the general right to publicly carry arms for self-defense” outside the home, and that includes “crossing state lines.” Revolutionary concept, right?

Bottom Line

While we'd love full reciprocity (and we'll keep fighting for it), this is one more small victory on the books. New York can't just pretend non-residents don't have constitutional rights anymore. They have to at least give you a chance to apply, even if they'll probably find creative ways to make the process as painful as possible.

But hey, progress is progress. And every time a federal judge reminds states that the Constitution applies everywhere in America, it's a good day for gun rights.

You can read the full court decision here if you're into legal documents.