Challenge to Ban on Non-Resident Weapons Permit Fails

Adopting a position that the Second Amendment of the U.S. Constitution does not protect a fundamental individual right, a Northern District judge has held that a U.S. naval attorney with top-secret security clearance can be barred by New York from carrying a concealed weapon while visiting relatives in Ulster County, N.Y.

David D. Bach, who lives in Virginia Beach and occasionally visits family in Saugerties, N.Y., challenged a state law that effectively bars him from obtaining the requisite license to carry a pistol or revolver when he travels within New York. Under state law, since Bach lives out of state and has no employment or business interests in New York, he is ineligible for a pistol permit.

This sounds like it has the potential to be an excellent case for securing a nationwide right to concealed-carry, but as the case currently stands, it sets a horrible precedent. (Of course, there are lots of other cases setting similar horrible precedents).

Posted on 2003-10-08 04:49:36.0 by matthew@triggerfinger.org

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