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The Second Circuit in Osterweil asked the New York State Court of Appeals whether it considers "an applicant who owns a part-time residence in New York but makes his permanent domicile elsewhere eligible for a New York handgun license in the city or county where his part-time residence is located?" In October, that state appeals court said someone would indeed be eligible for a weapons license in his or her part-time residence in New York.
A sensible decision. The U.S. District Court for the Southern District of New York should follow the spirit of that reasoning and apply it to this case. In doing so, it should overturn Title 38, recognizing that permission to use a legally owned gun should not be restricted to specific domiciles or to the borders of a certain city.
The prohibitions being challenged in all five of these cases infringe on individual freedom while likely failing to prevent any harm. They represent lawmaker prejudice against weapons and their owners, not the reasoned pursuit of an actual civic good.
Most Americans understand that these sorts of laws are pointless. That's why, despite a recent string of tragic news stories about people using weapons to injure or kill, 63 percent of respondents in a December Reason/Rupe poll recognized that tougher laws aren't going to effectively prevent criminals from accessing weapons. Governments on all levels should take the hint: Stop wasting their time, and our money, trying to defend these pointless provisions in court.