DOJ urged to investigate New York gun laws over Second Amendment concerns
May 15, 2025 12:51 PM / Updated: May 15, 2025 12:51 PM  Digital Team

Two New York lawmakers are calling on the U.S. Department of Justice to investigate state-level gun control measures they argue are unconstitutional.

On May 15, 2025, Congresswoman Claudia Tenney (NY-24) sent a formal letter to U.S. Attorney General Pam Bondi. She requested that the DOJ investigate whether New York State’s firearm laws violate constitutional protections. Congresswoman Elise Stefanik (NY-21) also signed the letter.

Lawmakers cite major Supreme Court rulings

In their letter, Tenney and Stefanik point to several landmark Supreme Court decisions that define the scope of the Second Amendment. These include:

• District of Columbia v. Heller (2008)
• McDonald v. City of Chicago (2010)
• New York State Rifle & Pistol Association v. Bruen (2022)

According to the lawmakers, these rulings confirm an individual’s right to keep and bear arms. Therefore, they argue, New York’s current regulations violate the Constitution.

Specific gun laws under scrutiny

Tenney and Stefanik highlight three specific policies they believe are unconstitutional:

• A ban on commonly owned semi-automatic rifles
• Mandatory licensing and registration of firearms
• A cap on magazine capacity that they describe as arbitrary

“These restrictions amount to a structural repudiation of the Second Amendment,” Tenney wrote. “Law-abiding gunowners must be protected.”

Revisiting NYSRPA v. Bruen

The NYSRPA v. Bruen decision in 2022 marked a significant shift in how courts evaluate gun laws. It struck down New York’s requirement for concealed carry applicants to show “proper cause.” The Supreme Court ruled that firearm regulations must align with the historical tradition of gun laws in the United States.

Despite that decision, Tenney claims that state lawmakers have continued to impose new restrictions. In her view, these measures directly contradict the Court’s guidance.

DOJ urged to take action

In her letter, Tenney emphasized the Department of Justice’s responsibility to uphold constitutional rights. She called for a swift federal investigation into New York’s gun control framework.

“The Second Amendment is not a suggestion,” she said. “It is a Constitutional guarantee that requires enforcement.”

According to Tenney, DOJ intervention is necessary because New York lawmakers have, in her words, “restricted the rights of New Yorkers for too long.”

What happens next

Whether the Department of Justice will respond or take formal action remains to be seen. However, the request signals ongoing legal and political friction surrounding gun policy in New York. As federal courts continue to shape Second Amendment interpretation, state laws will likely face increased scrutiny.

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