CANTON -- St. Lawrence County Attorney Steve Button will act "of counsel" on another gun rights lawsuit, this time assisting on a lawsuit that is looking to change New York State's concealed carry reciprocity regulations.
County legislators approved his involvement in the case during a special meeting on Feb. 12.
Reciprocity between states allows individuals licensed in their home state to lawfully conceal carry across state lines to another state where the individual's license is recognized.
"On February 5, 2024, members of the Gun Owners of America filed a new suit against the State of New York in the North District of New York U.S. District Court, identified as Higbie et. al v. James et. al challenging the refusal of the New York State to recognize out-of-state gun licenses or permit out of state residents to secure licensure within New York State unless there were landowners in the state," the resolution states.
Officials say the legal challenge is one that is commonly known as a "Constitutional Concealed Carry Reciprocity" challenge.
Constitutional carry has become a mainstream movement and term means laws of a state concerning the carrying of weapons approximates the state of the law when the Second Amendment was ratified in 1791, officials say.
To date, 17 states have restored "a reasonable facsimile of Constitutional Carry, such as neighboring Vermont," the resolution states.
Button's involvement in the case is out of an interest to the county, including residents who can lawfully concealed carry, as well as the operations of the Sheriff's Office who conducted investigations for concealed carry license holders, the St. Lawrence County Clerk who assist with filing applications, amendments to licenses and other duties, along with the St. Lawrence County Court, the licensing authority in the county.
According to the resolution, the implications will be "significant should the plaintiffs prevail in this matter, making it a county concern."
The new lawsuit is just one of many that arose after state legislators passed the Concealed Carry Improvement Act (CCIA) "in direct retribution" to the U.S. Supreme Court overturning the state's 109-year-old concealed carry law in 2022.
Those laws were passed during a two-day "extraordinary session" that "moved to circumvent the decision to deprive its citizens of any effective right to self-defense in public in one major way, by exponentially expanding the places 'Sensitive places' in which a person with a valid license cannot carry a firearm for self-defense," officials say.
That case, NYSRPA v. Bruen, had effectively reset New York State concealed carry laws and eliminated the "proper cause" requirement that forced applicants to provide a valid reason to conceal carry.
With the CCIA in place, applicants must "display good moral character", are subjected to in-person interviews with law enforcement, must provide four character references, undergo 18 hours of training and must recertify every three years instead of the prior recertification period of five years.
Button has also been working "of counsel" on the case Antonyuk v. Bruen since Oct. 2022.
That case, which also is being handled by Gun Owners of America attorney Stephen Stamboulieh, is challenging multiple provisions of the CCIA, including the "good moral character" clause, prohibited spaces designations, training requirements and other provisions in the set of laws.
North District Justice Glenn Suddaby originally issued a temporary restraining order against the CCIA, a decision the state appealed directly to the Second Circuit Court of Appeals.
The Second Circuit then heard the case and issued a ruling on Dec. 8, 2023 that struck minor provisions of the law but largely kept the CCIA intact. Provisions struck in the ruling include prohibited spaces such as houses of worship, institutions that sell alcohol and cannabis for on-site consumption, as well as some parks like the Adirondack Park, along with the requirement to disclose social media profiles on applications.
It remains to be seen if the plaintiffs in Antonyuk v. Bruen will appeal the case to the U.S. Supreme Court.