Gun Owners of America, Gun Owners Foundation, and Gun Owners of California Take on New York’s Unconstitutional Ban on Non-Resident Firearm Possession in Higbie v James

On February 5, 2024, Gun Owners of America (GOA), Gun Owners Foundation (GOF), and Gun Owners of California (GOC) challenged New York’s ban on out-of-state residents possessing or transporting guns, honoring out-of-state permits, or allowing them to obtain a non-resident concealed carry permit. GOA/GOF/GOC represents multiple plaintiffs from neighboring states.

Carl Higbie, a former Navy SEAL and a Newsmax TV host, is highlighted as a staunch Second Amendment advocate.

The organizations have taken a significant step by filing a federal lawsuit in the Northern District of New York to challenge the blanket ban, shedding light on the efforts of the GOA in this legal battle.

GOA charged that the right to bear arms in the state is not accessible to the 94% of Americans who are not residents, emphasizing the lack of reciprocity laws that contrast with other rights such as operating motor vehicles with an out-of-state license. Remarkably, New York stands alone as the state where nonresidents are not permitted to keep and bear arms.

“The State of New York and its cadre of anti-gun politicians have exerted all their power to weaken and outright ban the Second Amendment within their borders,” stated Erich Pratt, GOA Senior Vice President. “The Supreme Court has clarified that the right to bear arms extends to the public square, affirming that this right is for all Americans, not merely residents of individual states.”

Sam Paredes, speaking on behalf of the GOF board, pointed out the uniqueness of New York as the only place nationally where out-of-state residents are barred from exercising their Second Amendment rights. He highlighted the deliberate actions of the anti-gun legislature in Albany and issued a stark warning to these politicians to align with the Second Amendment or face consequences.