But as every student of U.S. history knows, even the Constitution and high court rulings are on shaky grounds if lawmakers are allowed to freely circumvent them. And New York legislators have done just that.
The ink on Bruen was not dry before the state drew up a countermeasure to thwart the intent of the high court. The so-called Concealed Carry Improvement Act (CCIA) is not only ridiculously named, but also in fact suppressing the rights of New Yorkers to keep and bear arms.
Need evidence? Monroe County had over 1,600 people apply for concealed carry permits by this point in the year 2021. That number was 700 last year and now local authorities put that total at a paltry 267.
The precipitous drop off is widely believed to be from the passage of CCIA. The state law made it more difficult for handgun owners to acquire a permit and buy a handgun. Among the new restrictions are hours of safety training that are not only expensive but also difficult to find.
A retired firefighter in Webster, Henry Williard, acknowledged that it took him four months just to get into a safety class.
Monroe County clerk Jamie Romeo noted that applications are off 59% in the suburbs and a whopping 71% among city residents. The reason, at least for her, is apparent.
“I think the financial cost is becoming more of a barrier than people are talking about.” Between higher costs for everything in 2023 and the lack of sufficient gun safety training slots, the state’s new statute made even purchasing a handgun more difficult.
And it’s not only Monroe County that is seeing the drop off. WXXI reported that applications for carry permits are off by 25% in Yates County, and Livingston and Wyoming counties have also seen a steep decline. Wyoming County averages roughly 300 permits per year, but the total for applications submitted and approved this year is only 25.
Will the courts intervene in this obvious overreach, and how long will it take?
A three-judge panel of the U.S. Second Circuit Court of Appeals is considering the constitutionality of CCIA. Another aspect of the new law that is drawing scrutiny is the state’s stand on “sensitive” places where it prohibits concealed carry.
One of those is churches and places of worship.
As everyone knows, these have been under increasing attack in recent years, including some high-profile assaults on synagogues. One of the four cases before the appeals court was brought by Niagara Falls pastor Jimmie Hardaway Jr. of Trinity Baptist Church.
Justice Gerald F. Lynch, who is one of the three jurists weighing arguments by the plaintiffs, observed that whatever decision they reach will likely be reviewed by the U.S. Supreme Court.
“We’re going to have to make a rule,” he said, specifically referring to a CCIA provision that requires private businesses open to the public to post signage telling customers whether they are allowed to bring firearms onto the property.
There was an interesting and possibly significant exchange between Lynch and Pete Patterson, one of the attorneys representing the group challenging CCIA. The lawyer told justices that the “plain text” of the Second Amendment affords the right for the public to concealed carry when on private property.
Lynch responded by asking if the “plain text” means he cannot tell you that “you can’t enter my home with a gun?”
Of course, the discussion was over private businesses, but Patterson acknowledged that a person may tell another person they may not enter their home with a firearm.
In either case, Lynch is right about one thing. It is very likely that the Supreme Court will need to step in and clarify just how far New York and other states may go to circumvent clear decisions.
