WESTERN NEW YORK – A Western New York based Second Amendment rights group is demanding New York State’s Department of Transportation repeal its rest stop concealed carry ban.
2AWNY.COM says the recent ceiling implosion at the Western New York Welcome Center and virtually non-existent security at rest stops across the state shows the 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,” said Civil Rights Advocate Steve Felano.
The group says the total ban on civilian concealed carry imposed by officials is unconstitutional on many levels.
The group stresses that the ban imposes on a constitutionally protected civil right via a legal clause known as regulatory fiat, as opposed to duly-passed legislation.
“17 CRR-NY 156.12 imposes a blanket ban by government on civilian concealed carry,” said Felano. “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.”
The group is asking the state DOT to 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,” said Felano. “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.”
2AWNY.COM will be holding a press conference Monday at the Western New York Welcome Center in Grand Island to discuss more about the concealed carry ban.