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OSTERWEIL v. BARTLETT

Docket No. 11-2420-cv.

738 F.3d 520 (2013)

Alfred G. OSTERWEIL, Appellant, v. George R. BARTLETT, III, Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 23, 2013.

Attorney(s) appearing for the Case

Paul D. Clement , Bancroft PLLC, Washington, D.C. ( D. Zachary Hudson , Bancroft PLLC, Washington, D.C.; Daniel L. Schmutter , Greenbaum, Rowe, Smith & Davis LLP, Woodbridge, NJ, on the brief), for Plaintiff-Appellant.

Simon Heller , Assistant Solicitor General, New York State Office of the Attorney General, New York, NY, for Defendant-Appellee.

Before: JACOBS, WALKER, Circuit Judges, and O'CONNOR, U.S. Supreme Court Justice (Ret.).

PER CURIAM:

Appellant Alfred Osterweil applied for a handgun license in May 2008. Following the directions of New York Penal Law § 400.00(3)(a), he applied for a license "in the city or county . . . where [he] resides."1 His house in Schoharie County, New York, was then his primary residence and domicile, but while his application was pending, Osterweil moved his primary residence to Louisiana, keeping his home in Schoharie County...

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