Thursday, August 21, 2025

Even Obama Appointees Know How to Read

 Higbe v. James (N.Y.N.D. 2025):

Guided by the Supreme Court's holding in Bruen, the Court grants Plaintiffs' motion for summary judgment and concludes that the New York firearm statute is unconstitutional under the Second Amendment as applied to Plaintiffs Votruba and Harris. As noted by the district court in California, "the State cannot point to a single law from the Founding or framing tradition that wholesale blocked nonresidents from participating in a general firearms licensing scheme." Hoffman, 2025 WL 1811853, at *5. The Court agrees that "[o]pening the application process to nonresidents does not limit [New York's] ability to regulate who receives a [] license based on other measured parameters. Nonresidents are simply afforded the same chance guaranteed to residents to exercise their Second Amendment rights." 

The judge did not require New York to recognize licenses from other states but requiring them to process non-resident license applications is a big win for anyone who regularly travels there.  

If this seems minor: remember that Florida originally was shall issue for everyone.  Over time, I would not discount New York facing reality.

She was appointed by Obama.

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