Getting Involved Matters. It Matters More Than You Realize by John R. Elwood
The 2020 census estimated New York State’s population was 20, 201,249. Though New York State has led the nation in population loss (-2.7% or 630,000 residents left since 2020) with some of the main reasons being unaffordable housing, cost of living, domestic migration, and draconian laws enacted. Still there an estimated 4.5 million or 19.9 % of the New York State population that are gun owners. In the 2022 New York State gubernatorial election between Kathy Hochul and Lee Zeldin, Kathy Hochul won by less than 400,000 votes (377,834). It is estimated that only 1.2 million of the 4.5 million New York State gun owners voted in the gubernatorial election. In other words, of the 3.3 million New York State gun owners that did not vote, if they had voted, Lee Zeldin would likely have been elected governor and burdensome laws like the Concealed Carry Improvement Act (CCIA) would not have been enacted into law.
The election is over, but what you do now still matters. Get involved. 2A organizations are having success fighting back against unconstitutional firearms legislation.
Second Amendment Organizations Continue to Fight Back!
On June 23, 2022, in a 6-3 opinion, the Supreme Court issued its decision in New York State Rifle and Pistol Association (NYSRPA) v. Bruen that established a new standard for evaluating the constitutionality of gun control laws. It required any firearm regulation to be consistent with the nation’s historical tradition of firearms regulation, To be considered legal. Essentially, Bruen expanded the right to carry concealed weapons in public by deeming many may-issue systems AS unconstitutional and requiring states to adopt “shall-issue systems instead; this effectively broadened the scope of Second Amendment protections beyond the home. Courts, now, are required to examine whether gun control laws align with historical precedent. So, what was our Governor’s reaction? She doubled down!
That was not a surprise. The day the Bruen decision was handed down, Governor Hochul signaled she would fight back. Between June and September 2022, the Concealed Carry Improvement Act (CCIA) was rushed into law by Governor Hochul and the NY legislature. The new law made it a crime to be armed at a “Restricted/Sensitive” location unless concealed carry permit holders had permission or signage allowing it. The CCIA carved out more than twenty sensitive locations including: federal, state, or local government buildings; any place of worship, except for those people responsible for security; libraries, public parks and zoos; and any gathering of individuals to collectively express their constitutional rights to protest or assemble.
But wait, 2A organizations were not done. 2A organizations fought back.
On October 10, 2024, in a Christian vs James lawsuit (initiated by the Firearms Policy Coalition), Federal Judge Sinatra, struck down a portion of NYS’s CCIA barring concealed firearms on private property without the consent of the property owner as unconstitutional. It was not all we wanted, but it was a small win.
New York State Ban on Body Armor
In another attempt to restrict gun rights, on June 6, 2022, Governor Hochul signed a body armor ban into law. The law states, when not being engaged or employed in an “eligible profession”, the purchase, taking possession of, sale, exchange, giving or disposing of body armor is prohibited.
People engaged or employed in eligible professions include: police officers, peace officers, federal law enforcement officers, armored car guard, security guard, firefighter, emergency medical technician, paramedic, ambulance drive and attendant, firearms dealer, body armor retailer/salesperson, private investigator, building safety inspector, code enforcement officer, firearms instructor, professional journalist, newscaster, nuclear safety officer, process server, animal control officer federal firearms dealer, range safety officer, forensic science technician, ballistic examiner, school building administrator and school district administrator.
If you are not engaged or employed in one of these professions/jobs and you are a New York State citizen, you are prohibited from the purchase, taking possession of, sale, exchange, giving or disposing of body armor. The first offense is a misdemeanor, and any subsequent offense is a felony. But again, 2A organizations are fighting back against the New York state ban on body armor.
New York State’s ban on body armor does not comply with the Supreme Court decision in NYSRPA v Bruen, which established a new standard for assessing the constitutionality of gun laws. Under Bruen, the court stated gun laws must be consistent with the nation’s tradition of firearm regulation. The term “arms” has long been understood as being inclusive of armor.
Once again,2A organizations are fighting back and the ban on body armor in NY State is being challenged.
On 1 July 2024, a complaint was initiated against New York State’s ban on body armor initiated by the Firearms Policy Coalition. The defendants include Letitia James, Attorney General for New York State, Mr. Steven James, Superintendent of the New York State Police, Mr. Michael Keane, Acting District Attorney (DA) from Erie County, New York, Mr. William Gabor, (DA) from Madison County New York, and Ms. Sandra Doorley, DA from Monroe County New York. As expected, the defendants made several attempts to get rid of the case.
First, the defendants tried to argue that the plaintiffs did not have standing in the court. (Note: Legal standing, also known as locus standi, is the right to bring a lawsuit or appear in court. It’s a condition a party must meet to show they have a sufficient connection to and harm from the law or action being challenged.)
Then, the defendants tried to argue the reasons why they should not be considered defendants. On November 8, 2024, Judge Sinatra denied the defendants’ motion to dismiss.
On December 17, 2024, a scheduling/case management order was issued. The lawsuit will go forward. (Note: A Scheduling/Case Management Order is a court document that outlines the timeline and deadlines for all stages of a legal case, including discovery, motions, and trial dates.) A decision on the case is scheduled for February 27, 2026.
Shooter’s Committee on Political Education (SCOPE) will continue the fight against restricting NY citizens’ Second Amendment rights. In the coming days, SCOPE will decide whether to donate to the lawsuit against NY States’ ban on body armor.
The fight to secure our Second Amendment rights is not over and 2A organizations must continue to fight back! SCOPE NEEDS YOU! We hope to see you at one of our monthly meetings! Our website is SCOPENY2A.org. Get involved today!