[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 45 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. RES. 45
Expressing the sense of the House of Representatives that New York
State's Concealed Carry Improvement Act is unconstitutional.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 17, 2023
Ms. Tenney (for herself, Ms. Stefanik, Mr. Langworthy, and Mr. Issa)
submitted the following resolution; which was referred to the Committee
on the Judiciary
_______________________________________________________________________
RESOLUTION
Expressing the sense of the House of Representatives that New York
State's Concealed Carry Improvement Act is unconstitutional.
Whereas the Second Amendment to the Constitution of the United States guarantees
the right of Americans to keep and bear arms;
Whereas the Supreme Court of the United States ruled in McDonald v. City of
Chicago that ``the right to keep and bear arms [is] among those
fundamental rights necessary to our system of ordered liberty'';
Whereas the Supreme Court of the United States ruled in NYSRPA v. Bruen that New
York State's Sullivan law is unconstitutional and the Second Amendment
cannot be subject to a balancing test;
Whereas the Supreme Court of the United States ruled that the Second Amendment
does not distinguish between the right to keep and bear arms in one's
home and in public;
Whereas the Supreme Court of the United States in District of Columbia v. Heller
ruled that the Government cannot declare somewhere a ``sensitive place''
simply because it is crowded and generally protected by the police;
Whereas New York State has passed the Concealed Carry Improvement Act (CCIA) to
unconstitutionally restrict the ability to keep and bear arms;
Whereas the CCIA abuses the ability of the State to declare certain locations as
``sensitive places'' where concealed carry is not permitted;
Whereas the CCIA declares ``Times Square'', all demonstrations and gatherings,
and public sidewalks during ``special event[s]'' to be ``sensitive
places'', contradicting the precedent of the Supreme Court of the United
States;
Whereas the CCIA violates private property rights by automatically declaring all
private property to be a ``sensitive place'';
Whereas the CCIA requires concealed carry license applicants to provide 3 years
of social media posts to licensing officers to review their ``character
and conduct'';
Whereas this social media review uses overly broad language that could violate
concealed carry license applicants' First and Fourth Amendment rights
and be used to target individuals based on their political opinions;
Whereas the CCIA fails to comply with the doctrine of NYSRPA v. Bruen that gun
laws must be rooted in the ``history, text, and tradition'' of the
country;
Whereas Judge Glenn Suddaby, a judge for the United States District Court for
the Northern District of New York, ruled in Antonyuk v. Bruen that the
key provisions of the CCIA are unconstitutional;
Whereas plaintiffs in Antonyuk v. Bruen and in Antonyuk v. Nigrelli found that
to feign compliance with the NYSRPA v. Bruen ruling, New York State used
laws that demonstrate an invidiously discriminatory animus towards
religion, national origin, and race, including slave codes, as
historical analogues;
Whereas Judge Glenn Suddaby also granted a Temporary Restraining Order in the
subsequent case Antonyuk v. Nigrelli to protect New Yorkers from a wide
swath of the State's unconstitutionally enacted Second Amendment
infringement; and
Whereas there have now been multiple New Yorkers suing the State of New York
over the CCIA to protect their constitutional rights: Now, therefore, be
it
Resolved, That it is the sense of the House of Representatives
that--
(1) New York State's Concealed Carry Improvement Act
violates the rights of New Yorkers under the Second Amendment
to the Constitution of the United States and is
unconstitutional;
(2) the courts should immediately strike down the Concealed
Carry Improvement Act as unconstitutional; and
(3) all States should pass legislation supporting Second
Amendment rights instead of trying to restrict or undermine
Americans' constitutional rights.
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