On February 5, 2024, Carl Higbie and two other plaintiffs filed suit against Steven James, the superintendent of the New York State Police, and certain sheriffs, in federal district court in the Northern District of New York. The suit challenges New York's refusal to allow non-New York residents to carry firearms within the state of New York.
In 2022, the U.S. Supreme Court decided the Bruen case, which held that the Second Amendment guarantees American citizens the right to bear arms in public for self-defense. The high court held that New York's "may issue" scheme of pistol licensing was unconstitutional; essentially, that New Yorkers must be issued licenses to carry firearms provided they pass the background checks, training requirements, etc. But New York only allows New York residents to apply for a carry license, and offers no reciprocity with any other states. In contrast, a Florida concealed carry license is reciprocated by 34 other states.
The Higbie case challenges New York's refusal to respect the Second Amendment. It points out that New York's refusal prevents the 94% of Americans who do not live in New York from exercising their Second Amendment rights once they hit the New York border. And should a law-abiding citizen from another state dare to carry in New York, they would be a felon. No other Constitutional rights receive such treatment. Imagine if you lost the First Amendment freedom of speech because you crossed state lines? Imagine if you could not drive into New York because you did not have a New York driver's license?!
The plaintiffs argument is compelling. No other Constitutional rights are lost by crossing a state line, or regulated so harshly by certain states. The law seems clear. And this case could end up in front of the U.S. Supreme Court - the likely result of which would be a victory for the plaintiff that would result in national reciprocity for carry licenses.