FPC Prevails in New York Non-Resident Carry Ban Lawsuit, Encourages People to Apply for a License
The OUTDOOR WIRE Friday, February 13, 2026
Firearms Policy Coalition (FPC) today announced that the parties have reached an agreement to successfully resolve the plaintiffs' federal lawsuit challenging the New York state and county defendants' laws, policies, and practices banning firearm carry by residents of other states, Shaffer v. Quattrone. FPC filed the case in November 2024, arguing that people "do not surrender their Second Amendment protected rights when they travel outside their home state."
Now, as a result of the FPC lawsuit and the plaintiffs' settlement with the State of New York, the State now expressly holds the position that in-state residency or employment is not required for licensure and clearly posted this confirmation on its website, which is now obligated to state (in relevant part):
Is New York residency or employment required to apply for a firearm license?
No. New York law does not require residency or in-state employment to apply for a firearm license. While the Penal Law directs applicants who live or work in New York to file their firearm application in the county of residence or principal place of employment, this provision does not exclude nonresidents from applying. Licensing officers may accept applications from nonresidents, and residency is not among the eligibility criteria for being issued a firearm license. Applications from nonresidents who do not live or work in New York should be evaluated under the same standards as all others.
"This is a great development in our ongoing efforts to restore the right to bear arms throughout the United States," said FPC President Brandon Combs. "New York is the third state in a row, following our wins in California and Louisiana, where we've eliminated carry bans on non-residents and shown that rights don't stop at state borders. Millions of peaceable people will now have the ability and opportunity to exercise their right to carry in these states. We're eager to continue liberating gun owners and restoring freedom, so we're already planning our next wave of cases to that end."
As part of the case's resolution, the Chautauqua County, Steuben County, Tioga County, and Orange County defendants have each agreed to begin accepting firearm applications from people who do not live in New York. And while this should make clear that licensing officers statewide should now be accepting non-resident carry permit applications, FPC has established a special New York Carry Hotline for people to report carry license denials to the FPC Law team so that any denials can be evaluated for potential litigation. Those denied a New York carry license should report it to FPC at firearmspolicy.org/ny-carry-hotline.
"Anyone who wants to carry in New York should go apply, and if they're denied, we hope they'll let us know using our New York Carry Hotline," noted FPC's Combs. "The good outcome here should be the end of this issue, but in a state like New York, there may be some licensing authorities and judges in the process who decide to continue resisting the Constitution and binding Supreme Court precedent. So while we hope they all get the message and start issuing carry licenses without delay, we won't hesitate to drag them into court and force them to if that's what it takes to protect peaceable gun owners and restore liberty."
Filings in Shaffer v. Quattrone can be viewed at firearmspolicy.org/shaffer. FPC is joined in this case by four individual FPC members. The plaintiffs are represented by Nicolas J. Rotsko of Fluet. FPC thanks FPC Action Foundation for its strategic support of this FPC Law case.
About Firearms Policy Coalition: Firearms Policy Coalition (FPC) is a nonprofit membership organization that exists to create a world of maximal individual liberty and eliminate unconstitutional gun control laws. FPC works—and wins—for the People through high-impact strategic litigation, groundbreaking research, legislative and regulatory advocacy, grassroots activism, education, and public engagement. FPC's legal division, FPC Law, is the nation's leading initiative dedicated to restoring the right to keep and bear arms across the United States. To learn more about how FPC is working—and winning—for the People, sign up for FPC news alerts at firearmspolicy.org and follow FPC on X, Instagram, and Facebook.
