City defense attorneys use supreme court gun decision to challenge possession charges
At least one judge has already rejected the argument, noting that “failing to seek a license before roaming the streets with a loaded firearm is not abiding by the law” and that “The Constitution is not a suicide pact.”
This article was originally published on by THE CITY
New York City defense attorneys are asking judges to drop gun possession cases following this June’s Supreme Court decision striking down the state’s restrictive gun licensing regulations for violating a newly found Second Amendment right “to keep and bear arms in public for self-defense.”
In motions filed in three separate cases on July 15, public defenders with the Legal Aid Society in Brooklyn asked judges to dismiss gun possession cases against their clients, arguing that in New York State Rifle & Pistol Association, Inc. v. Bruen the U.S. Supreme Court made “no distinction” between the unconstitutionality of the state’s gun licensing standards and the penal laws against carrying guns without a permit.