Per Curiam
When he applied for a pistol license in May 2008, Osterweil’s primary residence was in Schoharie County. While his application was pending, Osterweil moved his primary residence to Louisiana. He kept his Schoharie County home as a part-time vacation residence. Relying on the Appellate Division, Third Department’s 1993 ruling in Mahoney v. Lewis, county court judge Bartlett —the county’s licensing officer—denied Osterweil’s license, concluding that notwithstanding District of Columbia v. Heller, New York Penal Law §400.00(3)(a) was a domicile requirement constitutional under the Second Amendment due to the state’s interest in monitoring handgun licensees to ensure their continuing fitness for the use of deadly force. Osterweil then brought suit in district court, which granted the state summary judgment holding that the domicile requirement satisfied intermediate scrutiny. On appeal Second Circuit held—based on an Oct. 15, 2013, determination by New York’s high court—that §400.00(3)(a) imposes no requirement that Osterweil be domiciled in New York to obtain a handgun licence. His status as a part-time resident was sufficient. Second Circuit vacated district court’s decision and remanded the case for further proceedings.
