The U.S. Supreme Court ruled in favor of a gun rights organization in 2022 with the landmark NYSRPA v. Bruen case, prompting state lawmakers to pass some of the most restrictive gun control measures in the nation.
Now, Congresswoman Elise Stefanik is calling on U.S. Attorney General Pam Bondi to investigate the legality of the laws that were “passed in direct retribution for Bruen,” according to Governor Hochul in 2022.
In a letter sent to Bondi, Stefanik encouraged the Attorney General to address the “infringement upon the Second Amendment rights of law-abiding citizens.”
“I write to you to urge the Department of Justice to investigate New York State’s infringement of New Yorkers’ Second Amendment rights and ensure that these rights are upheld for all citizens by taking the appropriate action to remedy these infringements. New York State has enacted and enforced a sweeping regime of laws that infringe upon the Second Amendment rights of its citizens, in direct defiance of precedent set by the Supreme Court and the Constitution. This is unacceptable, and law-abiding gun owners must be protected,” Stefanik wrote in the letter.
Congresswoman Claudia Tenney, another New York Republican Representative, also signed the letter.
Stefanik and Tenney called into question multiple measures that were passed in 2022, primarily with the “Concealed Carry Improvement Act” (CCIA), which placed significant restrictions on lawful concealed carry throughout the state, as well as licensing measures.
“New York’s restrictions include a categorical ban on commonly owned semiautomatic rifles, licensing and registration of constitutionally protected arms, and an arbitrary cap on magazine capacity. These restrictions amount to a structural repudiation of the Second Amendment and an unconstitutional infringement on gun owners’ rights. These restrictions violate the Supreme Court precedents set in DC v. Heller, McDonald v. City of Chicago, and NYSRPA v. Bruen,” she wrote.
Stefanik touched on the Bruen decision specifically, noting how it struck down the Sullivan Act in New York, the state’s 109-year-old concealed carry law that forced applicants to justify the desire for a concealed carry permit.
“While this was a tremendous step in restoring rights to New York gun owners, their Constitutional rights are still being unnecessarily and unconstitutionally restricted,” Stefanik said.
“I urge you to act swiftly to investigate New York’s constitutional infringement and fight to uphold New Yorkers’ Second Amendment rights. Albany lawmakers have unconstitutionally restricted the rights of New Yorkers for too long. I look forward to hearing from you and have complete faith in your ability and willingness to fight for these essential rights,” she continued.
Many measures from the CCIA are currently being contested in court with the Antonyuk v. James case, of which St. Lawrence County Attorney Steve Button is working of counsel.
St. Lawrence County legislators approved Button’s participation in the case during the full board meeting in October 2023.
The lawsuit, which sat before the Supreme Court this spring as they weighed taking the case, has since been remanded back to Federal District Court in Syracuse for a second look.
Button said the initial ruling from Judge Glenn Suddaby largely rolled back the CCIA, including an extensive list of prohibited spaces where lawful concealed carry is not allowed.
However, following an appeal by state officials, the case was eventually heard by the 2nd Circuit Court of Appeals which reinstated the majority of the CCIA.
In a statement today, May 16, Governor Kathy Hochul touted the strength of New York’s gun laws and promised to stand up to Stefanik’s demands.
“New York has some of the nation’s strongest gun safety laws — and they’re working. Because we put common-sense protections in place, New York is one of the top 5 safest states when it comes to firearm mortality. Our efforts have gotten more than 10,000 illegal guns off the streets, prevented teenagers from buying weapons of war, cracked down on Ghost Guns and protected sensitive spaces like schools and subways,” she said.
Hochul said the laws had been upheld in court “time and time again,” which she said was proof of progress made in the state.
“But now, Representatives Stefanik and Tenney are doing their best to undo this progress, pushing the United States Department of Justice to waste their time by putting politics ahead of public safety. Make no mistake: without New York’s gun laws, thousands of lives would be at risk,” she continued.
Hochul said New York’s Congressional delegation “should be focused on passing stronger gun safety laws.”
“New York’s Congressional delegation should be focused on passing stronger gun safety laws — not punishing states like New York that do the right thing. Because you can’t be ‘tough on crime’ if you’re not tough on illegal guns,” she said.
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