Kirk_STNY
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REPEAL NYS DOT
CONCEALED CARRY BAN
Who:
- 2AWNY.COM Civil Rights Advocate Steve Felano
- Attorney James Ostrowski (reversed first ever SAFE Act conviction)
- Libertarian NY-27 Congressional Candidate Duane Whitmer
What:
2AWNY.COM will demand the New York State Department of Transportation (NYS DOT) repeal its rest stop concealed carry ban as detailed in 17 CRR-NY 156.12.
Where:
Western New York Welcome Center – 1999 Alvin Rd, Grand Island, NY 14072
When:
Monday, October 21, 2019 at 10:00 AM
Why:
The recent ceiling implosion at the Western New York Welcome Center and virtually non-existent security at rest stops all across the state prove the NYS DOT doesn’t care about motorists’ personal safety while on state rest stop property.
While exposing rest stop patrons to numerous dangers via shoddy building construction and lax security measures, the aforementioned state agency imposes an unconstitutional ban on citizens’ ability to protect themselves with a lawfully concealed firearm.
The total ban on civilian concealed carry imposed by the NYS DOT via 17 CRR-NY 156.12 is unconstitutional for several reasons, including:
- The ban impinges on a constitutionally protected civil right via regulatory fiat as opposed to duly-passed legislation;
- 17 CRR-NY 156.12 imposes a blanket ban by government on civilian concealed carry. As outlined in the 2019 Duncan v. Becerra decision, such blanket bans on the possession of lawful firearms by law-abiding citizens for lawful purposes are unconstitutional; and
- The blanket ban on concealed carry imposed by 17 CRR-NY 156.12 does not represent the least restrictive means of achieving the government’s purpose for creating the regulation (which is still a mystery as said purpose has not been explained by the NYS DOT). Therefore, the regulation fails strict scrutiny judicial review and is, in turn, unconstitutional.
The NYS DOT must immediately repeal its unconstitutional blanket ban on lawful civilian concealed carry at all state rest stops. Should the state agency refuse to do so, they’ll be forced to in 2020, following U.S. Supreme Court review of NYSRPA v. NYC. The decision handed down by the Court regarding the NYSRPA case is likely to articulate a strict scrutiny legal standard requirement for all government actions impinging on the Second Amendment. The NYS DOT’s 17 CRR-NY 156.12 regulation will not withstand strict scrutiny judicial review.
This email was sent from 2AWNY.COM
2AWNY.COM | PO Box 1366, Buffalo, New York, 14231, United States
CONCEALED CARRY BAN
Who:
- 2AWNY.COM Civil Rights Advocate Steve Felano
- Attorney James Ostrowski (reversed first ever SAFE Act conviction)
- Libertarian NY-27 Congressional Candidate Duane Whitmer
What:
2AWNY.COM will demand the New York State Department of Transportation (NYS DOT) repeal its rest stop concealed carry ban as detailed in 17 CRR-NY 156.12.
Where:
Western New York Welcome Center – 1999 Alvin Rd, Grand Island, NY 14072
When:
Monday, October 21, 2019 at 10:00 AM
Why:
The recent ceiling implosion at the Western New York Welcome Center and virtually non-existent security at rest stops all across the state prove the NYS DOT doesn’t care about motorists’ personal safety while on state rest stop property.
While exposing rest stop patrons to numerous dangers via shoddy building construction and lax security measures, the aforementioned state agency imposes an unconstitutional ban on citizens’ ability to protect themselves with a lawfully concealed firearm.
The total ban on civilian concealed carry imposed by the NYS DOT via 17 CRR-NY 156.12 is unconstitutional for several reasons, including:
- The ban impinges on a constitutionally protected civil right via regulatory fiat as opposed to duly-passed legislation;
- 17 CRR-NY 156.12 imposes a blanket ban by government on civilian concealed carry. As outlined in the 2019 Duncan v. Becerra decision, such blanket bans on the possession of lawful firearms by law-abiding citizens for lawful purposes are unconstitutional; and
- The blanket ban on concealed carry imposed by 17 CRR-NY 156.12 does not represent the least restrictive means of achieving the government’s purpose for creating the regulation (which is still a mystery as said purpose has not been explained by the NYS DOT). Therefore, the regulation fails strict scrutiny judicial review and is, in turn, unconstitutional.
The NYS DOT must immediately repeal its unconstitutional blanket ban on lawful civilian concealed carry at all state rest stops. Should the state agency refuse to do so, they’ll be forced to in 2020, following U.S. Supreme Court review of NYSRPA v. NYC. The decision handed down by the Court regarding the NYSRPA case is likely to articulate a strict scrutiny legal standard requirement for all government actions impinging on the Second Amendment. The NYS DOT’s 17 CRR-NY 156.12 regulation will not withstand strict scrutiny judicial review.
This email was sent from 2AWNY.COM
2AWNY.COM | PO Box 1366, Buffalo, New York, 14231, United States
