Osterweil v. Bartlett
2011 U.S. Dist. LEXIS 54196
N.D.N.Y.2011Background
- Plaintiff, a pro se plaintiff, challenges New York’s handgun licensing regime and its residency requirement under Penal Law § 400.00(3)(a).
- Defendant, a Schoharie County Judge, is the local licensing officer; investigation includes fingerprints, background checks, and residency verification.
- Plaintiff’s fingerprint quality issues and residency concerns delayed and ultimately denied the pistol permit application.
- The Sheriff referred the application for review; defendant denied the permit May 29, 2009, relying on residency and fingerprint deficiencies.
- Plaintiff filed a 42 U.S.C. § 1983 action on July 21, 2009, asserting federal constitutional rights were violated.
- The court held intermediate scrutiny applies to the residency restriction and dismissed remaining state-law claims; summary judgment for defendant entered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Second Amendment scrutiny level for NY residency rule | Plaintiff seeks strict scrutiny under Heller/McDonald | Court should use intermediate scrutiny | Intermediate scrutiny applied; no SJ for plaintiff on 2A claim |
| Does residency-based licensing violate Equal Protection | Nonresidents should be treated like residents | Nonresidents differ in monitoring eligibility | No; residency rule substantially related to important state interest |
| Priviledges and Immunities challenge to residency rule | Travel rights violated by residency limit | State has substantial interest in monitoring licenses | Denied; Privileges and Immunities claim defeated |
| Procedural due process claim against processing delay | Delay violated due process | State remedy available; no due process violation | Denied; no procedural due process violation |
Key Cases Cited
- Heller v. District of Columbia, 554 U.S. 570 (U.S. 2008) (recognized individual Second Amendment right to keep and bear arms; not unlimited)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (U.S. 2010) (incorporation of the Second Amendment via Fourteenth Amendment)
- O’Connor v. Scarpino, 83 N.Y.2d 919 (N.Y. 1994) (Penal Law residency/licensing framework; deference to licensing discretion)
- Marzzarella v. 614 F.3d 85, 614 F.3d 85 (3d Cir. 2010) (second amendment scrutiny can be intermediate depending on restriction)
- Nordyke v. King, 644 F.3d 776 (9th Cir. 2011) (substantial burden framework; supports intermediate scrutiny in some gun regs)
- Bach v. Pataki, 408 F.3d 75 (2d Cir. 2005) (state interest in monitoring licenses; residency limits upheld)