Bill Updates 4.27.25       A few words about the legislative process.  There are so any anti-2A bills in the New York legislatures that it is hard to be current on all of them.  Most on the 10 worst are still in committees but a few of them - and some others – have advanced beyond committees and are, currently, the most dangerous.  Below is a list of those beyond committee in at least one legislature.  A01210/S00362 – Establishes a ten (10) day waiting period from contact of the New York State National Instant Background Check System (NYS NICS) before a firearm, shotgun or rifle may be delivered to a person. S0362 in Senate eligible for a vote A1210 in committee S4277 in Senate eligible for a vote No companion bill in Assembly S3385 in Senate eligible for a vote A1962a in committee S0399 in Senate eligible for a vote A0199 in committee S0399 in Senate eligible for a vote A0544b in Assembly eligible for a vote A1191 Passed Assembly and referred to Senate S1455 In committee SCOPE previously reported on the 10 Most Egregious Proposed bills in the NY Legislatures.  There were many others that did not make the 10 worst list but were still dangerous to 2nd Amendment rights. 1-Newly introduced bills are first sent to a committee where they will can sit indefinitely until the committee votes to send them to the full legislature for their vote.  2-In the legislature, the bill must wait 3 days (referred to as 3 readings) before any action can be taken.  3-Then it becomes the Majority Leader’s / Speaker’s decision if the bill will be brought to a vote.  4-If the legislative body approves the bill, it is sent to the other legislature for their consideration.  (Note – there may or may not be a ‘companion’ bill already in existence and working its way through that legislature.) 5-The Governor can issue a ‘Message of Necessity’ declaring an emergency and the above process goes out the window.           S04277- Prohibits the possession of certain .50 caliber firearms. S03385 / A1962a - Establishes violations for the failure to safely store rifles, shotguns, and firearms in the presence of a minor or a prohibited person; repeals certain provisions relating thereto. S0399 / A0199 - Makes it illegal for certain persons to possess or sell a pistol converter or a converted pistol. S1985 / A0544 - Requires police officers to take temporary custody of firearms for not less than one hundred twenty hours when responding to reports of family violence. A1191 / S1455 - Requires the division of criminal justice services to certify the technological viability of personalized handguns and to establish requirements related to the sale of personalized handguns; defines personalized handgun; requires the division to establish and maintain a roster of all personalized handguns approved for retail sale to the public; requires the division to report to the legislature on the technological viability of personalized handguns. There are 9 scheduled days left in this legislative term.  They are: 28-29 May; 4-6 June; and 9-12 June. Members should consider calling or E mailing their legislators about these bills.

NYS Assembly NYS Senate

S00362 This is an update regarding Senate Bill S00362, which proposes the establishment of a 10-day waiting period for all firearm purchases. The bill also states that any violation of this waiting period would constitute a Class A misdemeanor. S00362 was debated in the Senate Codes Committee on Tuesday (May 20, 2025), and passed by a vote of 9-4. All 9 Yes votes were Democrats and the 4 No votes were Republicans.  Per the NYS Firearms Association (NYSFA), “…the Senate Codes Committee met for just twenty minutes yesterday”… to pass the bill. What does this mean? Passage in the Codes Committee means that the bill can now proceed to the Senate floor for a full vote. However, this is not automatic—it is up to the Senate Majority Leader to decide whether the bill will be brought to the floor. S00362 has a companion bill in the Assembly, A03233, which is currently in the Assembly Codes Committee. The good news is that, as of today, A03233 has not been voted out of committee. This legislation is listed on SCOPE’s “Top Ten Most Egregious Firearms Legislation"  NYSFA nicely summarized opposition to this bill: “Even if you pass a background check instantly, you’ll be forced to wait 10 days to take home your firearm. That’s not public safety -- that’s disarming law-abiding New Yorkers.” There are 10 legislative days left in the calendar year. Dates include; 27-29 May, 4-6 June, and 9-12 June.  SCOPE previously met with Senate Minority Leader Rob Ortt about this bill as a part of SCOPE's Top Ten Most Egregious Firearms Legislation and is attempting to coordinate with Assembly Minority Leader Will Barclay to brief him and his staff on it.  We encourage all gun owners, no matter who is your NY State legislator, to contact them and urge them to vote no on this bill.

NYS Assembly NYS Senate

Memorial Day

A man who was in a Nazi death camp as a child remembered that, towards the end of the war, the prisoners were deathly afraid that the guards would execute them.  So, when the prisoners were loaded into a box car, they were terrified.

The boy’s father peered through the slats in the side of the car to see what was happening and when he said “there are armed men coming down the road”, there was panic.

But then he said…“It’s the Americans.”

Other than “He is risen,” no three words have ever meant as much to so many people as, “It’s the Americans.” 

On the 40th anniversary of D-Day, Ronald Reagan spoke at Point Du Hoc, which is a cliff on the Normandy coast. On D-Day, U S Army rangers scaled that cliff under murderous fire.  They took great casualties, but they took the cliff.  40 years later, in front of Reagan were the living survivors of those rangers.  Reagan praised them and by extension, all the many victories for freedom that “it’s the Americans” have led.

Reagan praised the U S Army Rangers of Point du Hoc as well as all veterans who gave their lives by describing why they were willing to make that sacrifice:

“The men of Normandy had faith that what they were doing was right, faith that they fought for all humanity, faith that a just God would grant them mercy on this beachhead or on the next.  It was the deep knowledge – and pray God we have not lost it – that there is a profound moral difference between the use of force for liberation and the use of force for conquest.  You were here to liberate, not to conquer, and so you and those others did not doubt your cause.  And you were right not to doubt.”

“It’s the Americans” who came on D-Day to Point Du Hoc and the liberation of Europe began.

In 1966, French President Charles De Gaulle told U.S. Secretary of State Dean Rusk that De Gaulle wanted "every American soldier out of France." Rusk replied, "Does that include the dead Americans in the military cemeteries as well?" De Gaulle was silent. 

Baseball Hall of Fame pitcher Bob Feller interrupted his career and was one of the first professional baseball players to enlist immediately after Pearl Harbor.  When he was being honored after coming back in 1945, he said, “The real heroes didn’t come home.”

In the American Revolution, 31,000 soldiers and sailors died.  They died for a country that didn’t exist and they would never see.

In the Civil War, 364,000 Union soldiers and sailors died.  They may have fought to save the Union or to free the slaves, or both, but for whatever reason they fought.  Their sacrifices turned the name United States from a plural into a singular and put us on the road to making “all men are created equal,” a fact.

In World War II, 405,000 soldiers, sailors and airmen died.  As Reagan said, they came “to liberate, not to conquer.” 

In all wars, a total of 1,354,000 Americans have died and another 1,498,000 were wounded.

Remember when we proudly said: “I disagree with what you say but I will defend to the death your right to say it.”  That’s what Americans died for.

America was not founded on slavery. The pilgrims and puritans came here for religious freedom.  That’s what Americans died for.

Before our Constitution, people were “servants of the king” - not  citizens.  11 score and 16 years ago, that changed.  That’s what Americans died for.

You may remember a hit song from years ago: The Impossible Dream.  It sang about righting the  unrightable, bearing the unbearable and fighting the unbeatable.  That’s very inspiring but, if you think about it, who would want to do that?  Right the unrightable?  Bear the unbearable? Fight the unbeatable?   That’s crazy. 

But the song also gave a reason to fight: so “My heart will lie peaceful and calm when I’m laid to my rest….and the world will be better for this.” 

Those 1,354,000 Americans who were killed have hearts lying peacefully and calm.  The world was better for them having lived.

It’s a fair statement that everyone now living will eventually be laid to their rest.  Will hearts lie peaceful and calm because they did their duty?   Will the world be better for them having lived? 

America is the last best hope of mankind and worthy of our efforts, past and present, to preserve it.

On Memorial Day, we honor those that gave their lives for our country.  But Lincoln put it best at Gettysburg: “The brave men, living and dead…have consecrated it, far above our poor power to add or detract.”

Our founders gave us the structure that made the United States the greatest country in the history of the world - if we can keep it.  It’s our right and our duty to preserve our Constitution against all enemies - foreign and domestic – and in doing so we meaningfully honor those that fell in our nation’s defense.

We didn’t ask for this fight to preserve what they died for but every generation of Americans has it thrust upon them. The same questions echo across the years for all those called to duty in defense of our nation and our values: we didn’t ask for this fight but if not us…who?  If not now…when?

We must rise to the challenge so generations yet unborn will remember that whenever our country and all of mankind was threatened, it's the Americans who rose up to defend it.  And the government of the people, by the people and for the people did not perish from the earth. 

And those future generations will proudly say the same words: God bless the United States of America and all those who died to preserve that nation.

May 15, 2025    The Honorable Pam Bondi Attorney General of the United States Department of Justice 950 Pennsylvania Avenue NW Washington DC 20530 unacceptable, and law-abiding gunowners must be protected. As you know, in 2022, the Supreme Court delivered a major victory for law-abiding gun owners in New York State in its decision in NYSRPA v. Bruen. This ruling struck down New York’s Sullivan Act which required concealed carry permit applicants to justify their desire for a concealed carry permit and required firearm regulations to be viewed in the context of the “historical tradition of firearm regulations.” While this was a tremendous step in restoring rights to New York gun owners, their Constitutional rights are still being unnecessarily and unconstitutionally restricted. Dear Attorney General Bondi, I write to you to urge the Department of Justice to investigate New York State’s infringement of New Yorkers’ Second Amendment rights and ensure that these rights are upheld for all citizens by taking the appropriate action to remedy these infringements. New York State has enacted and enforced a sweeping regime of laws that infringe upon the Second Amendment rights of its citizens, in direct defiance of precedent set by the Supreme Court and the Constitution. This is New York’s restrictions include a categorical ban on commonly owned semiautomatic rifles, licensing and registration of constitutionally protected arms, and an arbitrary cap on magazine capacity. These restrictions amount to a structural repudiation of the Second Amendment and an unconstitutional infringement on gunowners’ rights. These restrictions violate the Supreme Court precedents set in DC v. Heller, McDonald v. City of Chicago, and NYSRPA v. Bruen. As you also know, the Department of Justice has a long history of investigating and addressing infringement of Constitutional rights by the States, and we urge the Department to take the appropriate actions to uphold New Yorkers’ Second Amendment rights. The Second Amendment is not a suggestion, it is a Constitutional guarantee that requires enforcement. I urge you to act swiftly to investigate New York’s constitutional infringement and fight to uphold New Yorkers’ Second Amendment rights. Albany lawmakers have unconstitutionally restricted the rights of New Yorkers for too long. I look forward to hearing from you and have complete faith in your ability and willingness to fight for these essential rights. Sincerely,  .pdf copy of the letter

HR1041

H.R. 1041, the Veterans 2nd Amendment Protection Act, would reverse a policy by which veterans are stripped of their constitutional right to possess a firearm.  This occurred when veterans were assigned a fiduciary to help manage their Department of Veterans Affairs benefits.  It was done without the same level of due process afforded to all other law-abiding Americans.

The veterans earned these benefits through suffering a service-connected disability but in doing so they lost their 2nd Amendment rights.

On May 6, 2025, the House Committee on Veterans’ Affairs voted to favorably report this legislation, by a vote of 13-11, so the bill can now be considered by the full U.S. House of Representatives.

The bill says: “The Secretary (of Veterans Affairs) may not transmit to any entity in the Department of Justice, for use by the national instant criminal background check system…personally identifiable information of a beneficiary, solely on the basis of a determination by the Secretary to pay benefits to a fiduciary for the use and benefit of the beneficiary…without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such beneficiary is a danger to themselves or others.’’.

The bill has 68 sponsors, all Republicans, including NY Congresspersons Stefanik, Tenney, and Langworthy.  Don’t see your Congressperson’s name?  You might want to ask them why. 

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Sunday was Mother’s Day and they were the focus.  But shouldn’t Dads have at least gotten a participation trophy?

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Deputy State Senate Majority Leader Michael Gianaris (Democrat-Queens) recently said that “we are currently in an environment politically where the legal system, the prosecutorial system, investigative bodies of government are being used to target political enemies.”

Ya think!

Was he referring to Letitia James’ politically motivated lawsuits against Donald Trump?  No!

On April 16th, SCOPE wrote about some potential cases of real estate fraud by NY Attorney General Letitia James.  A criminal referral was made to the Department of Justice on this matter.

Gianaris was defending the NY State budget which passed last week.  In it was a provision that could leave state taxpayers on the hook for millions of dollars of legal fees for Attorney General Letitia James as she battles the charges of real estate fraud.  Charges related to her personal activities and having nothing to do with her duties as Attorney General.

The $10 million criminal defense slush fund would seemingly cover any state employee facing any federal “legally compulsive process” as of Jan. 1, 2025, who can claim the federal probe is “a result of the employee’s New York State employment or duties.”  James has already claimed these charges were a part of a Donald Trump revenge tour because of her actions as NY’s Attorney General.

The NY Post reports: “The bill is so broad that it would cover just about any federal investigation of anyone who cashes a state paycheck…Which is remarkable, since most New York political corruption convictions come from federal charges, and have for decades…The Legislature here isn’t just helping out James, it’s succoring future lawmakers and other state officials caught with their hands in the cookie jar.”

Letitia James used taxpayers’ dollars to pursue Donald Trump on a dubious real estate fraud charge and now will be able to use taxpayers’ dollars to defend herself on real estate fraud charges.

Congressperson Elisa Stefanik said, “This disgraceful slush fund epitomizes the cesspool of corruption in Albany, where Democrat elites prioritize protecting their own over the needs of New York families…state Democrats are "doubling down on shielding their corrupt allies."

S2099 Good afternoon, I’m reaching out from the NY Senate Minority Counsel’s Office to let you know that Leader Ortt’s bill S.2099, which removes the prohibition on firearm silencers in New York is on the agenda for the Senate Environmental Conservation Committee agenda next week. I’ve attached a copy of the bill. Thank you! C. Frontero Deputy Counsel – Floor Operations NYS Senate Minority Counsel/Program

For a .pdf copy of S2099 click HERE

Ammo Costs

Will tariffs affect the availability of ammunition?  Do gun owners need to stock up?

According to a report in Ammoland, most ammunition is manufactured in the United States, so tariffs will not affect them.  There is some foreign manufactured ammunition but it is not a significant amount.

However…

Nitrocellulose is a propellant powder used in ammunition.  It is made by treating cellulose with nitric acid and sulfuric acid.  When ignited, it transforms into a large gas volume, propelling the bullet without much smoke or residue. Its ability to combust rapidly without producing visible smoke makes it ideal for military and industrial applications.

Nitrocellulose components are readily available in the U S A and it is relatively simple to produce.  But its hazardous nature means that only a few companies are qualified to handle its production.  There are very few manufacturers in the U S A.  Such plants are expensive and take time to construct since there are significant safety and environmental concerns.

AmmoLand contributor John Farnam noted that:  at present, the nitrocellulose made in the USA is just enough for our needs; if one of the current nitrocellulose plants were shut down, there would be significant gunpowder shortages in the United States of America.

Who is the largest producer and 2nd largest exporter of Nitrocellulose?  A five letter word that starts with C and ends with A.  It has seen a huge increase in exports to Russia since the Russia-Ukraine War began.

And then there is…

Antimony is a crucial material for hardening lead bullets and creating other munitions.

Antimony is not as critical as the nitrocellulose plants. Only small amounts of antimony are necessary for lead alloys used in bullets. Antimony is a small amount of the cost of ammunition, according to Dan Wolgin, CEO of Ammunition Depot.

But…

The closure of domestic antimony mines in the early 2000s has left the U.S. entirely dependent on foreign sources, with China being the most significant supplier.  As the world’s largest producer of antimony, China accounts for nearly half of global production and supplies 63% of U.S. antimony imports. Antimony plays a vital role in the defense industry, from armor-piercing ammunition to night vision goggles and precision optics. 

Tariffs do not seem to be an ammo supply problem.  But China’s dominance in the production of antimony and nitrocellulose cannot be overstated.  The U S A has the capacity to produce enough ammunition if two vital components are available.

Highlights for a recent Op-Ed by 2^nd Amendment defender John Lott.

 A June 2021 Biden Administration document that was recently declassified was titled “Strategic Implementation Plan for Countering Domestic Terrorism.”  (SCOPE: Who can argue with the need to counter domestic terrorism?  Unless, of course, Biden’s Plan violated the constitutional rights of law-abiding Americans by labelling them as terrorists – without good cause.)

 Biden’s Plan directed the Department of Justice, the FBI, and the Department of Homeland Security to target “incidents of concerning non-criminal behavior.”

It also instructs federal authorities to “provide resources to state, local, tribal, and territorial law enforcement that cover relevant iconography, symbology, and phraseology used by many domestic terrorists.”

 (SCOPE: Biden’s Plan would appear to intentionally infringe on 1st Amendment Free Speech rights:

Iconography: conventional images or symbols associated with a subject 
Symbology: the expression of ideas by symbols. 
Phraseology: a mode of expression, especially one characteristic of a particular speaker or writer.)

 In 2022, an FBI whistleblower exposed the FBI’s “Domestic Terrorism Symbols Guide” for identifying “Militia Violent Extremists.” The guide advised agents to be suspicious of symbols like “2A” and imagery referencing the Second Amendment. It also flagged historically significant emblems like the Betsy Ross Flag and Gadsden Flag as indicators of potential domestic terrorists.

Concern about domestic terrorism was used as a basis for advocating a variety of gun control policies: banning assault weapons and high-capacity magazines; adoption of extreme risk protection orders; a national education campaign urging people to lock up their guns; and banning homemade guns (ghost guns).

 Biden’s Plan called for expanding Obama’s Operation Chokepoint to include de-banking of “financial activity associated with domestic terrorists” and gun control. 

 In December 2023, reports revealed that the FBI categorized “certain Catholic Americans as potential domestic terrorists.”

 FBI whistleblower Stephen Friend testified before Congress in May 2023 that he was tasked with recording the license plate numbers of parents who attended school board meetings and expressed concerns about topics such as critical race theory and gender ideology.

Biden’s plan advocated censorship, strongly suggesting that censorship is necessary to protect both democracy and free speech. (SCOPE: Censorship protects Free Speech?)

Biden’s Plan shows that officials aimed to track “concerning non-criminal behavior.”  It followed an explicit policy of identifying people based solely on their political views. 

Biden’s Plan calls for the U.S. government joining forces with other Western countries and forming partnerships with private-industry companies to “control the spread of disinformation.”  It explicitly calls for the U.S. government to lead a global push to addressing this disinformation content.  It also calls for the U S to participate in the “Christchurch Call to Eliminate Terrorist and Violent Extremist Content Online,” which calls for using AI to censor “hate” speech.  (SCOPE: Of course, it would be the radical left Biden administration that would have defined what is disinformation and hate speech.)

 It also supports such things as “evidence-based research on information literacy education for both children and adult learners and existing proven interventions to foster resiliency to disinformation.”  (SCOPE: Brain wash the kids.)

 Biden’s Plan raises serious civil liberties concerns. It obliterates the line between legitimate security threats and constitutionally protected speech and behavior and casts a dangerously wide net. The revelations show how far the Biden administration was willing to go to silence opposing political views.

Over-Regulation and Deprivation of Rights  by Jarrod Lomozik

            Through over-regulation, New York is removing the protections of society from people who wish to exercise their 2nd Amendment protected Right to effective self-defense.

            As Second Amendment supporters in New York State, we have watched as state legislators and governors have sought to transform the Second Amendment from a Constitutional Right into a privilege through over-regulation. The Concealed Carry Improvement Act and its prohibition on concealed carrying in places open to the public - without express permission - is an example of that. The Second Amendment guarantees the Right to EFFECTIVE self-defense.

          This brings up the distinction between a Right and privilege. A Right does not require anyone’s permission to exercise while a privilege requires permission to exercise. For example, Self-defense is a Right – not a privilege - that’s been codified into law, even in New York.  Article 35 of the New York State Penal Law authorizes the use of reasonable proportional force in self-defense.

          Anti-Second Amendment forces are trying to overregulate the Second Amendment thereby turning it into a privilege - requiring permission to exercise (which violates Supreme Court precedent.)  The state cannot make regulations so burdensome that it discourages individuals from exercising their Rights.  

          In addition, NY State legislators are constantly introducing proposed laws to attach burdensome fees to our 2nd Amendment rights.  They ignore the case Murdock v. Pennsylvania in which the Supreme Court ruled that a state “May not convert a Right into privilege and attach a fee to it”. 

             To protect our Rights against government over-reach, Congress codified: USC Title 18 section 241 “Conspiracy Against Rights”; section 242 “Deprivation of Rights Under Color of Law”; and USC Title 42 section 1983 “Civil Remedy for Deprivation of Rights”. The thing to remember here is that state and Federal laws have concurrent jurisdiction meaning they are applicable simultaneously just as a Citizen is both a state and Federal Citizen simultaneously.

           Section 241 makes it a Federal Felony for two or more persons to threaten, intimidate, oppress, or obstruct the free exercise of any Right or privilege granted by the Constitution or laws of the United States.

          Section 242 makes it either a Federal misdemeanor or Felony for any person under the color of law to deprive someone of Rights, privileges, or immunities secured by the Constitution or laws of the United States.

            Section 242 “Deprivation of Rights Under Color of Law” brings up the concept of “lawful authority.  Police officers who act within the limits of their lawful authority and are acting in good faith are protected by Qualified Immunity.  Section 242 comes into play if a police officer or executive official engages in conduct that violates the Constitution by engaging in “ultra vires” acts and are no longer legally protected by Qualified Immunity. (“Ultra vires” is a legal concept that translates from Latin as “beyond the powers”.)  An example of this is the use of excessive or unlawful force. If a court finds that a police officer used excessive or unlawful force (such as striking a handcuffed compliant subject) that officer is deprived of Qualified Immunity because Qualified Immunity requires police officers to act within the scope of their powers.

            What about legislatures and governors who ignore Supreme Court of the United States (SCOTUS) rulings when they pass and enforce gun laws that are directly aimed at depriving us of our rights?  How about sheriffs, judges and county clerks that intentionally delay processing and approving pistol permits?  That seems like a Section 242 violation.    

             Under US Code Title 18 section 242 “Deprivation of Rights Under Color of Law” and US Code Title 42 section 1983 “Civil Remedy for Deprivation of Rights,” governmental agents are liable both criminally and civilly for violations of individuals Civil Rights under Federal law. This liability also places an affirmative duty on public officials to know what conduct constitutes a violation of Civil Rights and what does not. It’s no different than a holder of a fishing or hunting license has the affirmative duty to be in compliance with hunting and fishing laws/regulations.           

            Under Nuremburg Principle IV, international law imposes both ethical and legal obligations to disobey unlawful orders. This was done in the aftermath of the Holocaust to prevent Human Rights abuses by removing the defense of obedience to superior orders or “I was ordered to do it.” That precedent means that even if a government official is ordered to violate someone’s Civil Rights, they have a legal and ethical obligation to disobey that order. This is a check conferred by the International Criminal Court on authoritarian power as exercised by the Nazi’s and Communists.

            One of the commonalities of the Nazi’s and Communists is the mobilization of governmental resources against perceived enemies. In Nazi Germany that included Jews, Gypsies, Slavs, and Homosexuals. In the Soviet Union it was “class enemies” such as the middle class, the upper class, and people considered “Counter Revolutionaries”. Under the Nazi and Communist regimes, the law was used to define these groups as enemies of the state and strip them of the protections of society.

          The commonality here is that New York, through overregulation, is removing the protections of society from people who wish to exercise their Right to effective self-defense.  From my perspective, part of the debate should be about the threat of state sponsored force to achieve partisan political objectives that obstruct our rights. 

Concealed Carry and Reciprocity and the Cost of Lawsuits The United States Concealed Carry Association published an interactive state map concerning concealed carry statistics.  SCOPE pulled the ten largest states (minimum population of ten million) and shows them below.  There is a link to USCCA’s actual map at bottom of the page. Only 3 states, NY, California and Illinois, honor no other (zero, zip, nada) state’s concealed carry permits. And only NY and California have permits which expire in less than 5 years.  (Don’t forget that NY changed it down from 5 years and forgot to tell you.) Since this is budget season in New York State and since we already had the population numbers, we got the state budget expenditures in 2022 from the U S Census Bureau’s web site (apparently the last year they have available) and calculated the budget expense per person.  Hey, it’s expensive to try and do away with Constitutional Rights like the 2nd Amendment.  It’s expensive to defend those rights, too.  The state needs that budget money to run up the costs of lawsuits challenging NYS in order to bankrupt those that would dare oppose NYS.

* New York Concealed Carry Gun Laws: CCW & Reciprocity Map | USCCA 2025-04-08 ** Table 1.  State Government Finances by State: 2022