Us Congress House Bill HR45

Us Congress 2023-2024 Regular Session

• Introduced: 1/17/23
• Refer: 1/17/23

Caption

Expressing the sense of the House of Representatives that New York State's Concealed Carry Improvement Act is unconstitutional.

Impact

If passed, the resolution calls for the immediate annulment of the CCIA by courts, arguing that its regulations do not align with the foundations of the Second Amendment. The bill also urges other states to support legislation that upholds Second Amendment rights rather than enact laws aiming to restrict them. The potential consequence is a significant shift in how states regulate concealed carry laws, potentially overriding existing restrictions and encouraging broader gun access in public settings.

Summary

House Resolution 45 (HR45) expresses the sense of the House of Representatives that New York State's Concealed Carry Improvement Act (CCIA) is unconstitutional. The resolution is driven by concerns that the CCIA infringes on the Second Amendment rights of New Yorkers by imposing unnecessary restrictions on the carrying of firearms in public spaces. It argues that the CCIA's designation of certain locations, including Times Square and any gatherings, as sensitive places where concealed carry is prohibited contradicts Supreme Court precedents regarding the right to bear arms in public. This stance is supported by the recent rulings in cases such as NYSRPA v. Bruen, indicating that the Second Amendment cannot be subjected to a balancing test and should not be limited to private property or certain public areas based on crowd density alone.

Contention

The debate surrounding HR45 is likely to be contentious, as it challenges the governmental authority to impose regulations on firearms. Proponents view the CCIA as an unconstitutional overreach, while opponents may argue for the need for safety regulations in crowded or sensitive environments. This resolution asks Congress to take a stand against state-level legislation that they perceive as violating individual rights, which may further polarize discussions around gun control and public safety measures.