State agency rule continues to result in Second Amendment infringement via regulatory fiat

October 21, 2019 – GRAND ISLAND, N.Y. – At the Western New York Welcome Center today, 2AWNY.COM demanded the New York State Department of Transportation (NYS DOT) repeal its rest stop concealed carry ban as detailed in 17 CRR-NY 156.12.

The recent ceiling implosion at the 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.

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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.

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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. NYS DOT’s 17 CRR-NY 156.12 regulation will not withstand strict scrutiny judicial review.

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To learn more about any of the above, please contact Steve Felano at (518) 852-1863 or [email protected].

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2AWNY is a force multiplier for the numerous Second Amendment civil rights advocacy enterprises forming the backbone of Western New York’s vibrant gun culture. We act as a 2A news and information distribution, policy analysis, and organizational driver for the many interest groups seeking to defend and expand Second Amendment civil rights throughout the region. 2AWNY is dedicated to assisting in the organization, promotion, and funding of legal challenges to the unconstitutional New York State gun control regime. We seek to make Western New York the epicenter of New York State’s Second Amendment civil rights renaissance. Learn more at WWW.2AWNY.COM.