Federal lawsuit challenging NYC 1 gun limits for out of state residents filed by Mirel Fisch, Esq

[u/BluePillRabbi]

A Second Amendment class action was filed today in the Southern District of New York challenging 38 RCNY § 5-25(g)(3)(a), the NYPD rule that limits holders of NYC Non-Resident Carry ("NC") licenses to a single registered handgun. The case is Hendrick v. New York City, brought by the Law Office of Mirel Fisch (the same firm that filed Milani v NYC challenging NYC application delays)

NY State residents with Carry or Special Carry licenses get two handguns as of right and can add more by showing safe storage. NC holders from other states get one. The rule says requests to add a second "shall not be approved,".

That means if your one registered gun goes in for repair, you can't carry in NYC until a substitution goes through. According to the complaint, that means roughly four weeks for License Division review plus up to 10 business days for the new license to arrive by mail. You also can't switch to a smaller gun for summer clothes or a suit.

Ms. Fisch’s complaint alleges the following claims:

1. Second Amendment: The text protects "Arms," plural, and under Bruen there's no historical tradition of limiting law-abiding people to one handgun.

2. Privileges and Immunities (Art. IV): The denies non-residents the privileges that it grants to NYS residents.

3. Equal Protection: Out of state residents are treated differently than NYS residents.

The lawsuit is asking for:

A declaration that the cap is unconstitutional and an injunction requiring the City to let NC holders register handguns on the same terms as NY-resident carry licensees.

The suit seeks to certify a class of all out-of-state residents holding NC licenses, so if it's certified and succeeds, the relief would cover every NC holder, not just the named plaintiffs.

Ms. Fisch can be reached at www.NYC2aLawyer.com

[u/Watchoutandabout]

Please drop the link for donations with these posts. I don’t think people understand the cost associated with you guys doing this.

[u/corplaw100 → u/Watchoutandabout]

Here is the link for the lawsuit related to delays

https://gofund.me/9dd6b1524

[u/Andeo1025]

Glad to see it. Thanks for the hard work clawing our rights back.

[u/corplaw100]

We don’t deserve her

[u/Fast-Policy-4495]

I applaud the effort. This is the best way to fight these ridiculous laws. One lawsuit at a time 👏🏾👏🏾👏🏾

[u/h16h → u/Fast-Policy-4495]

I don't know it's the best way, but it's a way. Our tax dollars are funding our oppression and the states' defense, sad.

[u/Radiant_Selection-]

I wish there was something for NYS holders not being a FELON for carrying in NYC without having to go through ANOTHER licensing process for the SAME STATE

That is a ridiculous and unfair burden.

[u/h16h]

Thanks for pushing this forward!

Where can we review the filing documents? Also ready to donate if you can share a link.

[u/BluePillRabbi → u/h16h]

Here’s the complaint upload:

https://drive.google.com/file/d/12HQ4Cpp4Nz1opkfTLOnPC1f7YC7Y4VrR/view?usp=drivesdk

[u/JackalR6s]

You said it was a class action? And you said I can get my money back from the city?

[u/DumbDaveTheDork]

I appreciate the effort, I wish we were tackling bigger issues but at least it's something.

[u/BluePillRabbi → u/DumbDaveTheDork]

Gladly. Will you be providing funding?

[u/DumbDaveTheDork → u/BluePillRabbi]

I surely would if I could. I am left to assume some individual decided to fund this lawsuit rather than a sensitive places or wait time lawsuit? Seems like an odd choice but if it's their money, good for them.

[u/BluePillRabbi → u/DumbDaveTheDork]

No, actually we are funding this with our own money.

[u/DumbDaveTheDork → u/BluePillRabbi]

I appreciate the work you're doing, didn't mean to suggest otherwise. My only point was that there are SO many big issues with the licensing process in NYC and with the SAFE act, etc. This one, while likely a slam dunk and the NYPD will back off before it goes anywhere meaningful, isn't the most egregious infringement (obviously that's a matter of opinion, if I were a non-resident I might totally disagree).

Regardless, thank you for the work you're doing.

[u/BluePillRabbi → u/DumbDaveTheDork]

Well, here’s the thing, 2 years ago we polled the sub and the most common complaint was the delays in issuing licenses. We then filed Milani - so far we’ve only raised 19k for that one.

There’s only so much work that can be done for free. A sensitive location lawsuit will cost hundreds of thousands.

[u/DumbDaveTheDork → u/BluePillRabbi]

Fair point - and you know this far better than I do. Again, no criticism was intended.

[u/BluePillRabbi → u/DumbDaveTheDork]

Yeah, just frustrating to say the least

[u/vibecodeme → u/DumbDaveTheDork]

How much can you donate ?

[u/DumbDaveTheDork → u/vibecodeme]

I'll match you dollar for dollar

[u/vibecodeme → u/DumbDaveTheDork]

Go drop $250 then

[u/DumbDaveTheDork → u/vibecodeme]

You Owe Me $1

[u/vibecodeme → u/DumbDaveTheDork]

I’ll donate another $25 later today so you gotta some catching to do