IN RE: Murray M. MURAD (2004)

Judgment (denominated an order), Supreme Court, New York County (William A. Wetzel, J.), entered May 23, 2003, which dismissed the petition brought pursuant to CPLR article 78 seeking to compel renewal of a handgun carry permit, unanimously affirmed, without costs.

 The Police Commissioner's revision of the handgun licensing regulations (38 RCNY § 5-01), which eliminated the special category of permits for transporting a gun to a target range, was neither arbitrary nor capricious, and was a rational and proper exercise of authority (see Matter of Consolation Nursing Home v. Commissioner of N.Y. State Dept. of Health, 85 N.Y.2d 326, 331, 624 N.Y.S.2d 563, 648 N.E.2d 1326 [1995] ).   Regulation of the number of firearms within the City is a rational means of promoting the safety and welfare of City residents and visitors (Matter of Caruso v. Ward, 160 A.D.2d 540, 554 N.Y.S.2d 190 [1990], lv. denied 76 N.Y.2d 706, 560 N.Y.S.2d 988, 561 N.E.2d 888 [1990] ).