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Matter of Caruso v. Ward

Appellate Division of the Supreme Court of New York, First Department
Apr 19, 1990
160 A.D.2d 540 (N.Y. App. Div. 1990)

Opinion

April 19, 1990

Appeal from the Supreme Court, New York County (Norman Ryp, J.).


Appellants have failed to show that the challenged policy is either arbitrary or capricious. The fact that, in the past, there was no limit on the number of guns which retired officers were permitted to carry does not bar respondents from now changing that policy. Issuance of a handgun license is not a right, but a privilege subject to reasonable regulation (Matter of Parker v Nastasi, 97 A.D.2d 547 [2d Dept 1983], affd 62 N.Y.2d 714). The new policy, intended to control the number and identity of handguns which are carried on the streets of New York City, is a rational means of achieving this legitimate end.

Concur — Kupferman, J.P., Milonas, Asch, Kassal and Smith, JJ.


Summaries of

Matter of Caruso v. Ward

Appellate Division of the Supreme Court of New York, First Department
Apr 19, 1990
160 A.D.2d 540 (N.Y. App. Div. 1990)
Case details for

Matter of Caruso v. Ward

Case Details

Full title:In the Matter of PHIL CARUSO, as President of the Patrolmen's Benevolent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 19, 1990

Citations

160 A.D.2d 540 (N.Y. App. Div. 1990)
554 N.Y.S.2d 190

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