But not a fatal one. This opinion may change. Court Upholds New York Gun-Licensing Law 5/13/2005 The Second U.S. Circuit Court of Appeals has upheld the dismissal of a lawsuit brought by a Virginia man who said that New York state's gun-licensing laws violate the Second Amendment, the New York Law Journal reported May 10. The plaintiff, David D. Bach, who is licensed to carry a handgun in Virginia, filed suit because he wanted to carry the weapon while visiting his parents in upstate New York. After being told by New York State Police that he could not receive an exemption from state law prohibiting out-of-state residents from obtaining permits, he filed suit in the Northern District of New York. Northern District Judge Norman A. Mordue dismissed the suit, ruling that the Second Amendment "is not a source of individual rights." The three-judge appeals court unanimously upheld Mordue's ruling. "Although the sweep of the Second Amendment has become the focus of a national legal dialogue, we see no need to enter that debate," Judge Richard Wesley wrote in the opinion. "Instead, we hold that the Second Amendment's `right to keep and bear arms' imposes on only federal, not state, legislative efforts." Wesley wrote that the Second Circuit was thus joining five other circuits in holding that the Second Amendment does not apply to states.