been asked to determine whether state law prohibits issuing pistol
permits to people who only live in-state part time.
The case of Alfred Osterweil comes to the Court of
Appeals by way of the federal courts, where he challenged Schoharie
County's rejection of his 2008 handgun license application. While
keeping a part-time vacation residence there, he advised the sheriff
processing his application that he changed his primary residence to
A county judge ruled that he didn't qualify under
the state law that requires license applications in the city or county
where the applicant resides.
A federal appeals court is considering Osterweil's
claim that violated his Second Amendment rights, but wants the state
court to first determine the meaning of “resides” under the statute.
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