Osterweil v. Bartlett, NY State

[Aguila Blanca]

As far as it goes, this appears to be a good decision (for people who maintain vacation homes in New York state).

In May 2009, Judge Bartlett denied Osterweil's application for a handgun license, relying on Penal Law § 400 (3)(a) and an Appellate Division decision, Mahoney v Lewis (199 AD2d734 [3d Dept 1993]), which held that "as used in this statute the term residence is equivalent to domicile" (id. at 735). Judge Bartlett further ruled that such a domicile requirement was constitutional, under Heller, as a lawful regulatory measure.

Apparently, the county judge took a statute that clearly says "residence" and interpreted it to require "domicile," thereby putting NY state at odds with BATFE guidance, which recognizes vacation residences as "residences" during whatever portion(s) of the year the owners live there. The NY state higher court has now read the law and determined that the law says what the law says, not what the county magistrate wants it to say.

I see that as a win, albeit a win of very limited application.