United States Second Circuit

The district court's denial of plaintiff's application for a handgun license is vacated and remanded, where the New York Court of Appeals answered the certified question as follows: an applicant who owns a part-time residence in New York but makes his permanent domicile elsewhere is eligible for a New York handgun license in the city or county where his part-time residence is located. Because plaintiff's part-time status as a part-time resident is sufficient, this Court does not need to reach the issue of whether the domicile requirement is constitutional.

Appellate Information

• Decided 12/23/2013
• Published 12/23/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel