BY JEFF CHUDZINSKI
North Country This Week

The U.S. Supreme Court has agreed to consider a legal challenge to Governor Hochul’s “Concealed Carry Improvement Act” (CCIA) after Justice Clarence Thomas granted a request for an emergency conference.

The emergency conference is scheduled for Oct. 6.

The CCIA was passed through the Democratic led Assembly and Senate last year at the urging of Governor Hochul after the Supreme Court ruled against the state’s 109-year-old concealed carry laws, saying they violated an individual’s Second Amendment rights.

Lawmakers said the new package of laws were passed in “direct retribution” of the Supreme Court decision and were intended to keep New Yorkers safe.

Under the new laws, a large number of public areas were off limits to lawful conceal carry, including government buildings, healthcare facilities and schools.

Houses of worship were originally listed, however following multiple lawsuits lawmakers removed them from the list.

Background checks on firearms and ammunition are also conducted through the state now as part of the laws, with a $2.50 fee charged for conducting checks for ammunition and $9 fees for firearms.

Those laws went into effect just two weeks ago, however the majority of the CCIA has been in effect since Sept. 1, 2022.

St. Lawrence County Attorney Steve Button, who has been involved with an ongoing lawsuit against the state in Antonyuk v. Bruen, said the conference addresses the new background check scheme in particular.

Button said given delays in a ruling by the Second-Circuit Court of Appeals in Antonyuk, Supreme Court justices may grant a broad stay, which would hand plaintiffs in Antonyuk a win against state officials.

Multiple provisions of the CCIA are currently being contested in the long gestating Antonyuk case and despite an expedited appeal, no official ruling has been made. Officials previously said they expected a ruling sometime in September given the case was being expedited due to the planned enactment of numerous laws in September of this year.

Supreme Court Justices Thomas and Alito previously told Second Circuit justices and litigants that the case was “on a short leash,” warning them that a significant enough delay may lead to the high court stepping in.

Hochul was critical of the Supreme Court’s decision to hold a conference, chastising Justice Thomas and his move to “placate donors.”

“They’re dead set on placating their donors, supporters, and we’re the ones left to clean up,” Hochul said. “In the meantime, everyone should know that the current law remains in the state and we are ready for any other efforts to thwart our own efforts, the state’s efforts and responsibility is to protect our citizens.”

State officials say they are confident the laws will withstand legal scrutiny and will pass constitutional muster but some lawmakers are not so sure following the Supreme Court ruling against the state last year in New York State Rifle and Pistol Association v. Bruen.

State Senator Dan Stec applauded the court’s decision to hold the conference, noting that he voted against the package of laws that included enhanced background checks for ammunition purchases.

“I’m glad to hear the news that the Supreme Court is taking up a challenge to the ammunition background check and database law,” said Stec.

“I voted against this bill because it undermines our Second Amendment right and harms small businesses. Since coming into effect, those concerns have sadly been validated and new privacy issues have arisen.

“I’m optimistic that after hearing this case, the Supreme Court will restore our law-abiding gun owners’ Constitutional right and put an end to this ill-conceived law. We need to take public safety seriously if we’re going to take on violent crime and illegal gun possession, not take rights away from gun owners who are following the law,” he added.

Congresswoman Elise Stefanik, who has been a vocal opponent to the measures since enactment, also applauded the court’s decision to hold the conference.

Stefanik said the measures are targeting law-abiding gun owners and require unnecessary and burdensome background checks that place additional taxes on firearm and ammunition purchases.

“Last month, I led my New York Republican colleagues in demanding Governor Kathy Hochul delay her unconstitutional anti-Second Amendment action. Constituents in my Congressional District have made their frustration known loud and clear. Gov. Hochul's state-run background check system and tax on Constitutional rights are causing serious delays and false denials. I have heard from constituents, including former law enforcement officials, who have successfully purchased a firearm only to be denied the ability to purchase ammunition,” Stefanik said.

“The delays are also causing community firearm retailers to lose customers who say they aren't going to wait and instead go to neighboring states for ammunition to avoid the state registration and extra taxes. Taxing law-abiding New Yorkers and delaying and denying their Second Amendment rights must end - full stop. I applaud Supreme Court Justice Clarence Thomas for rightfully considering a challenge to New York's new illegal anti-2nd Amendment law. I will do everything possible to bring this unconstitutional siege on our God-given right to bear arms to a grinding halt,” she continued.

Assemblyman Scott Gray and Ken Blankenbush have been vocal critics of the new laws as well, with both issuing numerous public statements admonishing the state for implementing a background check system that was not ready for use.

Most recently, Gray said he has spoken to numerous constituents and gun shops who say customers are being delayed in purchasing ammunition, despite having clean records and no prior history of delays when purchasing firearms.

Lawmakers say they are working on a new bill to address the shortcomings of the system, one of which would be a one year certification for ammunition purchases.

Under the proposed legislation, an individual who receives a “proceed” to purchase ammunition would be given a number or card for ammunition purchases that would be valid for one year, allowing them to quickly purchase ammunition in the future.