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Rep. Fitzgerald Joins 175 House Members in Effort to Defend Second Amendment

July 20, 2021

WASHINGTON, DC – Congressman Scott Fitzgerald (WI-05) is joining Congresswoman Claudia Tenney (NY-22), along with 174 of their House colleagues in an amicus brief to the Supreme Court, defending the right to conceal carry under the Second Amendment to the Constitution in the case New York State Rifle and Pistol Association v. Corlett.

In this case, which the Supreme Court agreed to hear earlier this year, New York residents assert they were wrongly denied a conceal carry permit for personal protection by state officials. If the plaintiffs prevail in this case, it could be the most significant victory for Second Amendment advocates since Heller v. District of Columbia in 2008, which reaffirmed the right of Americans to keep and bear arms for personal protection. The case will be heard in the fall 2021 term.

Full text of the brief can be found on the Supreme Court's website here.

“The New York State Rifle & Pistol Association (NYSRPA) v. Corlett case has the opportunity to deliver the biggest victory for the Second Amendment in over a decade,” said Congressman Fitzgerald. “Many states unconstitutionally restrict the Second Amendment right of Americans by requiring concealed carry applicants to justify their need for a permit, empowering authorities to reject law-abiding Americans’ applications for arbitrary reasons, or for no reason at all. I’m proud to join my Republican colleagues in this amicus brief to ensure this Constitutionally protected right is available to all the people.”

"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 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.”

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Congressman Scott Fitzgerald was sworn in to the 117th Congress on January 3, 2021 and is proud to represent Wisconsin’s Fifth Congressional District in the United States House of Representatives.