The Coalition for Firearms Policy (FPC), a prominent gun rights group, last week challenged New York's non-reciprocity law, which discriminates against legal gun owners with gun licenses issued by other states. The complaint is part of FPC's aggressive “strategic litigation program” called FPC Law, which challenges unconstitutional restrictions such as New York State's attacks on nonresidents' Second Amendment rights. This is the allegation.
Following the Bruen decision two years ago (New York State Rifle and Pistol Association v. Bruen), the state decided to amend its gun control laws from “may issue” to “must issue.” I was forced to. But the state Legislature refused to repeal the de facto ban granting similar privileges to nonresidents. As a result, law-abiding gun owners in other states who legally possess guns would be violating New York law.
privileges and immunities
Ralph Flynn, one of the plaintiffs in the FPC complaint, has a concealed carry permit from Pennsylvania, where he lives. He meets the criteria for a similar New York permit, but he can't even apply because he lives out of state. As a result, the complaint states:
Plaintiff Flynn is deprived of his Second Amendment rights because he left his firearms in Pennsylvania during his frequent trips to New York to avoid the risk of criminal prosecution.
This discriminates against Mr. Flynn and others who filed the complaint. It also violates vague but powerful protections in the U.S. Constitution. The Privileges and Immunities Clause of Article IV, Section 2 states: “The citizens of each State shall be entitled to all the privileges and immunities of the nationals of the several (other) States.”
The complaint revealed the following:
This ban is unconstitutional. Citizens do not lose the protection of their rights under the Speech Clause or Religion Clause of the First Amendment when they cross state lines.
Nor will you lose protection under the Fourth Amendment's prohibition on unreasonable searches and seizures.
Similarly, they do not waive their Second Amendment protected rights when traveling outside their home countries.
precedent
Bruen said the Second Amendment “presumptively protects” people's right to carry guns in public. According to the 1999 Saenz v. Roe decision:
“The right to be treated as a welcome visitor and not as an unfriendly alien when residing temporarily in a second country” is “expressly protected by the text of the Constitution” by the Privileges and Immunities Clause. “There is.”
The FPC's complaint also cites Toomer v. Wissel (1948) to show that:
(Privileges and Immunities) Clause “is intended to secure to nationals of State A who enter State B the same privileges as are enjoyed by nationals of State B'' and “others. It expressly prohibits discrimination against nationals of other states for which there is no substantive basis for discrimination beyond the mere fact that they are citizens of that state.
The application does not mention the Full Faith and Credit Clause (Article 4, Section 1), which clearly applies to New York's unconstitutional and discriminatory prohibition. It states, “In each state, full faith and credit shall be given to the public acts, records, and judicial proceedings of all other states.”
Currently, 29 states have firearms provisions in their constitutions, allowing law-abiding citizens to carry firearms without first obtaining permission. Eight other states have enacted laws similar to New York's abhorrent and discriminatory ban.
The issue is reciprocity
In 2023, Donald Trump promised to “sign concealed carry reciprocity” if re-elected president. The Second Amendment does not end at state lines. ” FPC led and laid the groundwork for the National Constitution Carry Act, a bill introduced by Representative Thomas Massie (R-Ky.), which President Trump signed into law during the first year of his second term. The chances of it reaching your desk are extremely high. management.
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