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 demonstra-
tions and gatherings, and public sidewalks during ‘‘spe-
cial 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 auto-
matically 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 offi-
cers 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 in-
dividuals 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 in-
fringement; 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 Rep-
resentatives that— 
(1) New York State’s Concealed Carry Improve-
ment 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 unconsti-
tutional; and 
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•HRES 45 IH 
(3) all States should pass legislation supporting 
Second Amendment rights instead of trying to re-
strict or undermine Americans’ constitutional rights. 
Æ 
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