When New York passed strict new gun laws last summer, it caused confusion regarding how it might impact military funerals and other events where gun salutes are part of the ceremony. Adding to the concern is the ongoing court battle over whether parts of the new gun laws are constitutional.

When a veteran’s family requests it, an honor guard detail will help pay last respects at their funeral. It most often includes three rifle volleys fired in succession by the Monroe County American Legion Honor Guard.

“This is something the veterans deserve,” said Dave Matzan, commander of the Monroe County American Legion Honor Guard. “They’ve earned it.”

New York’s new gun laws have presented a quandary. The laws restricted guns in “sensitive locations,” such as churches and public places. Honor guards across New York say it’s unclear how those laws might affect ceremonial events. 

“It’s a worry,” said Matzan. “And it’s an unjustifiable worry in my opinion.”

When Matzan reached out to the New York State Attorney General’s Office for clarification, he was directed to contact state police, according to a correspondence he shared with Spectrum News 1. He says he has written letters to local state lawmakers, asking them for clarification. Several law enforcement sources say their agencies would not stop honor guards and others from performing gun salutes at military funerals and other events.

“I’m very hopeful,” he said. “And if not, I don’t know what we’re going to do.”

The ceremonial guns can’t fire live rounds — they’re modified to only fire blanks. Matzan says the honor guard’s guns were briefly taken by police at one recent ceremony at Ontario Beach Park. A Chautauqua County honor guard said it was forced to move across the street from a courthouse to fire a 21-gun salute at a recent 9/11 ceremony.

“It’s a fluid situation right now," said Matzan. “And I would prefer not to have to get into a situation where we have to defend one or more of our people.”

Several Upstate New York sheriffs have said they will not enforce the new gun law changes. In early October, a federal judge shot down parts of the law. New York’s attorney general is challenging the federal judge’s ruling.

Matzan’s main goal is to make sure the honor guard can continue to pay tribute to those who served — in the way they always have.

"We're going to keep doing what we're doing,” Matzan said. “This is all in a state of flux right now. But it's still a concern."