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The state’s top court ruled that gun owners who have permanent residences elsewhere — but live in New York part of the year — can apply for handgun licenses in the state. 
Gun owners who live part of the year in New York are eligible for handgun licenses, the state’s top court ruled Tuesday.
Alfred Osterweil, a part-time Schoharie County resident, sued his upstate county after being turned down for a handgun license in 2008 because his permanent residence was in Louisiana.
The Court of Appeals unanimously found that the Legislature never intended to exclude gun-license applicants based on permanent residence when it wrote the licensing law.
The judges did not rule on whether the county violated Osterweil’s Second Amendment rights when it rejected his application.
The state court was asked for its opinion by the Second Circuit federal appeals court, which is considering Osterweil’s case.
