BREAKING
NY has removed the requirement for a NY state drivers license on their carry permit forms!
This is a direct result of GOA’s legal case with our plaintiff, Newsmax’s @CarlHigbie!
The fight isn’t over, but Americans are that much closer to being safer in NY. pic.twitter.com/HKkKHl7Loz
— Gun Owners Foundation (@GunFoundation) December 10, 2024
The New York State Police Superintendent has removed the requirement for a New York State-issued driver’s license on the Empire State’s concealed carry permit application after being sued by Gun Owners of America (GOA) in Higbie v. James.
With GOA’s help, Newsmax host Carl Higbie sued New York State for its refusal to issue out-of-state concealed carry permits. Mr. Higbie does not live in New York but frequents the state due to his work requirements. He would like to carry a firearm for self-defense. Until recently, due to its concealed carry laws, an out-of-state resident could not carry a gun inside the state.
New York was a “may issue” state until the New York Pistol and Rifle Association (NYPRA) sued the state over its permitting scheme. The case, known as Bruen, went to the Supreme Court. The Supreme Court forced the state to abandon its permitting regime and replace it with a “shall issue” licensing scheme. However, it added many new restrictions in response to the Bruen opinion. Since then, out-of-state residents could not obtain a New York State Concealed Carry permit. One reason is that the application requires a New York State ID, such as a driver’s license.
After being sued, New York City said it would grant non-New York State residents the ability to apply for a concealed carry permit. However, the application that needed to be submitted required the applicant to provide a New York driver’s license or other state ID number. This requirement made it impossible for residents of other states to apply to carry a handgun within the Empire State.
During a deposition in the Higbie case, GOA lawyer Stephen Stamboulieh hammered away at the requirement for a New York-issued ID on the concealed carry permit application. Another issue that has caused headaches for New York residents is that many New Yorkers have dual residences in other states. One person that AmmoLand News spoke to split their time between the New York City area and Florida. He could not apply for a concealed carry permit because he held a Florida driver’s license. The new change should allow him and others with multiple houses to apply for a concealed carry permit to carry a gun.
Even though the application has changed to allow non-New York residents to complete the concealed carry permit applications, it doesn’t mean non-residents can get a permit to carry a gun. Right now, the law requires a person to apply for a concealed carry permit in their county of residence. Usually, the local law enforcement agency handles the request. No other jurisdiction other than New York City has committed to issuing concealed carry permits to out-of-state residents.
With the change to the application form and notoriously anti-gun New York City issuing out-of-state permits, many on the pro-gun side wonder if New York State believes that they will lose the case. This change could be an attempt to try to “moot” the lawsuit to avoid a costly legal defeat. New York State and New York City have changed rules and laws in the past to try to head off embarrassing legal defeats.
GOA has vowed to see the case through to the end to ensure that New York State can no longer violate any American’s right to bear arms.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
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