IV 

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; 


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•HRES 45 IH 

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; 


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•HRES 45 IH 

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 

1 Resolved, That it is the sense of the House of Rep2 resentatives that— 

3 (1) New York State’s Concealed Carry Improve4 ment Act violates the rights of New Yorkers under 

5 the Second Amendment to the Constitution of the 

6 United States and is unconstitutional; 

7 (2) the courts should immediately strike down 

8 the Concealed Carry Improvement Act as unconsti9 tutional; and 


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•HRES 45 IH 

1 (3) all States should pass legislation supporting 

2 Second Amendment rights instead of trying to re3 strict or undermine Americans’ constitutional rights. 

Æ 


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