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Press Release: Congressman Fulcher Signs Amicus Brief in Support of New York Second Amendment Case

By • September 1, 2021

The following Press Release was sent out by Congressman Russ Fulcher’s (R) office:

WASHINGTON, D.C.– Congressman Fulcher has signed a Congressional amicus brief led by Congresswoman Claudia Tenney (NY-22), to the U.S. Supreme Court that will challenge New York’s heavily restrictive licensing regulations targeted at law-abiding gun owners.

This fall, the U.S. Supreme Court will hear the case New York State Rifle and Pistol Association v. Corlett, which asks whether the State’s denial of petitioners’ applications for concealed-carry licenses violated the Second Amendment. Currently, New York requires applicants for gun permits to undergo a lengthy process that involves paying exorbitant filing fees and often results in arbitrary denial. The amicus brief signed by Rep. Fulcher calls the practice a “licensing regime [that] criminalizes the exercise of the Second Amendment right to keep and bear arms.”

Congressman Fulcher commented, “It is deeply upsetting to hear about how New York, and not just New York but many other states as well, have begun to chip away at one of our most fundamental rights- the right to defend ourselves and our families. Keeping and bearing arms in self-defense is key to preserving our personal liberty, especially since we have seen crime rising in cities across the country over the past few months. No state should be able to prosecute its own residents for trying to protect themselves.”

In addition, Congressman Fulcher recently co-sponsored two pro-Second Amendment bills. The Firearm Due Process Protection Act, (H.R. 3820) provides gun owners with the ability to seek a court judgement in order to ensure the right to own a firearm is protected when wrongfully denied due to federal background checks. The bill also requires the Federal Bureau of Investigations (FBI) to give an answer within 60 days, and grants thousands of unjustly denied citizens a court appeal process when administrative errors are made during background checks.

The second bill, the Concealed Carry Reciprocity Act (H.R.38), will make concealed carry permits viable in any state that has also legalized concealed carry.

“We can’t sit idly by while our Second Amendment rights are whittled down by a growing body of regulations and restrictions,” said Congressman Fulcher, “We need to act now to preserve our liberties.”

Additional Comments on the Amicus Brief:

“The Second Amendment rights of Americans are on the line in this historic case, which is why I am honored to lead 175 of my House colleagues in standing up for our Constitution,” said Congresswoman Claudia Tenney. “For decades, law abiding gun owners in New York and around the country have endured countless attacks on our Constitutional right to keep and bear arms, especially outside the home for self-protection. As the defund the police movement goes mainstream in the Democratic Party and failed progressive policies like bail reform make our streets less safe, it is more important than ever for us to defend our Constitutional right to bear arms for self-protection.”

“The right to keep and bear arms is a cornerstone of American freedom. As violent crime rises to its highest point in this century, the Supreme Court should act now to protect this right for all Americans. In Heller, the Court held that the plain meaning of the Second Amendment guarantees ‘an individual right to possess and carry’ firearms. Yet blue cities and states have gone to great lengths to obstruct law-abiding citizens from owning firearms, such as New York’s requirement to demonstrate a ‘special need’ to protect themselves and their families. Of course, New York and other blue states and cities have created a widespread need for self-defense by defunding the police and releasing criminals onto the streets. It should not be easier for criminals to commit crimes than it is for law-abiding citizens to exercise their Second Amendment rights. The Court should strike down this undo infringement,” said House Republican Leader Kevin McCarthy.

“Violent crime is skyrocketing across America because state and local Democrats have defunded their police departments. After President Biden, Speaker Pelosi, and their socialist allies completely defund the police, our Second Amendment rights will be their next target. My fellow Republicans and I will not let Democrats take away the American people’s right to defend themselves, which is enshrined in our Constitution,” said House Republican Whip Steve Scalise. “New York State Rifle and Pistol Association v. Corlett has the potential to be the most significant victory for supporters of the Second Amendment in more than a decade. Make no mistake: American citizens have a right to defend themselves – both inside and outside their homes. I applaud Congresswoman Tenney for defending our Second Amendment rights by leading over 160 of our House colleagues in a congressional amicus brief to the U.S. Supreme Court to support the right of law-abiding citizens to conceal carry.”

“Law-abiding gun owners in New York State continue to have their Second Amendment rights threatened by Governor Cuomo’s unconstitutional policies,” said Congresswoman Stefanik. “This case comes at a crucial time, as the Far-Left continues to push gun control measures, including gun bans, during a surge in violent crimes across the country. I am proud to join my colleagues in sending this brief to the Supreme Court as they consider this important case and urge the court to uphold our constitutional right to bear arms.”

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Tags: 2nd Amendment, Amicus Brief, Heller, HR 38, New York, Russ Fulcher