Criminal Attorneys in New York

While the debate has been long lasting and divisive amongst many, one thing is clear when it comes to the Second Amendment to the United States Constitution: The United States Supreme Court in District of Columbia v. Heller, 128 S.Ct. 2783 (2008) has not given New Yorkers seeking the desire to carry firearms without restriction much shelter.

The New York Penal Law criminalizes the possession of a firearm, ranging from an A misdemeanor to as serious as a C Violent felony(in 2006 the legislature amended the felony possession of a weapon to carry mandatory prison). Many have seen the U.S. Supreme Court’s decision in Heller as an opening to being able to carry or possess firearms without restrictions, however, a close reading of the Heller decision and the early interpretations by the New York trial courts seems to dispel that notion. There is no question now that the Second Amendment conferred an individual right to keep and bear arms but it has become quickly apparent that the right is limited. In fact, two recent decisions addressing separate issues-one addressing the constitutionality of the criminal possession of a weapon statute and the other addressing a permit holder’s application to alter his permit to a full carry permit – show that New York courts are not about to recognize the right announced in Heller as a right applicable to New Yorkers as a fundamental right. Read the rest of this entry »