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BACH v. PATAKI

Docket No. 03-9123.

408 F.3d 75 (2005)

David D. BACH, Plaintiff-Appellant, v. George PATAKI, in his official capacity as Governor of New York, Eliot Spitzer, in his official capacity as Attorney General of New York, James W. McMahon, in his official capacity as Superintendent, New York State Police and Richard Bockelmann, in his official capacity as Ulster County Sheriff, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 6, 2005.

Attorney(s) appearing for the Case

Kevin J. Miller (David C. Frederick, on the brief) Kellogg, Huber, Hansen, Todd & Evans, P.L.L.C., Washington, District of Columbia (David D. Bach, Virginia Beach, Virginia, of counsel), for Plaintiff-Appellant.

Frank Brady, Assistant Solicitor General of the State of New York (Eliot Spitzer, Attorney General, on the brief, Daniel Smirlock, Deputy Solicitor General, Nancy A. Spiegel, Senior Assistant Solicitor General, of counsel), Albany, New York, for Defendants-Appellees.

Before: NEWMAN, McLAUGHLIN, and WESLEY, Circuit Judges.

WESLEY, Circuit Judge:

"The powers delegated by the . . . constitution to the federal government[] are few and defined. Those which are to remain in the state governments are numerous and indefinite."1 This case concerns whether the Constitution requires New York to offer handgun licenses to visitors.

I

David Bach, a Virginia resident and domiciliary, wants to carry his Ruger P-85 9mm pistol while visiting his parents...

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