Osterweil v. Bartlett
New York Court of Appeals · 21 N.Y.3d 580
👍Favorable to gun rights
read the licensing statute to eliminate the domicile bar for the applicant, on statutory grounds without reaching the constitutional claims
GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.
What the court held
Alfred Osterweil was denied a New York handgun license after he moved his permanent domicile to Louisiana while keeping a part-time residence in Schoharie County. Answering a question certified by the Second Circuit, the New York Court of Appeals held that Penal Law § 400.00(3)(a) speaks only to where an applicant must apply and imposes no domicile requirement, so a part-time resident is eligible for a license where that residence is located. Because the statute resolved the case, the court expressly declined to decide the Second Amendment and equal protection questions.
Summarized from the court's opinion.
What this case is about
eligibility for a New York handgun license held by a part-time resident who is domiciled elsewhere
GunMapUSA summary of the issue, not a quotation from the court.
Key Dates
- 2013-10-15 — Decided
Sources
- CourtListener — retrieved 2026-08-08
Summary of public court records. Not legal advice.