Legal Opinion

Bach v. Pataki

Court of Appeals for the Second Circuit

Decided May 6, 2005No. Docket No. 03-9123PublishedCited by 40 opinions

1Opinion of the Court

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 in New York.2 He has a permit from the Commonwealth of Virginia to carry a concealed weapon. Bach is a model citizen— he holds a Department of Defense top secret security clearance,…

2Cases cited96 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Edwards v. City of GoldsboroCourt of Appeals for the Fourth Circuit · 1999
  3. FW/PBS, Inc. v. City of DallasSupreme Court of the United States · 1990
  4. Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989
  5. Agostini v. FeltonSupreme Court of the United States · 1997

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3Cited by40 opinions

  1. Peterson v. MartinezCourt of Appeals for the Tenth Circuit · 2013
  2. Kachalsky v. County of WestchesterCourt of Appeals for the Second Circuit · 2012
  3. Bankruptcy Services, Inc. v. Ernst & Young (In Re CBI Holding Co.)Court of Appeals for the Second Circuit · 2008
  4. United States v. DecastroCourt of Appeals for the Second Circuit · 2012
  5. Kwong v. BloombergCourt of Appeals for the Second Circuit · 2013

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