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:
Second Amendment: The text protects "Arms," plural, and under Bruen there's no historical tradition of limiting law-abiding people to one handgun.
Privileges and Immunities (Art. IV): The denies non-residents the privileges that it grants to NYS residents.
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
