A critical aspect of the presentation was the examination of pending gun cases in the Kings County Supreme Court–Criminal Term. As of February 26, 2024, 1,276 post-indictment gun cases were awaiting resolution.

Neri delved into the historical context of gun rights, contrasting the traditional view that tied the right to bear arms to membership in a well-regulated militia with the landmark 2008 U.S. Supreme Court decision in District of Columbia v. Heller. This ruling affirmed the individual’s right to possess firearms for self-defense within the home, marking a pivotal shift in constitutional interpretation.

Further discussion centered on the recent Supreme Court ruling in NY State Rifle and Pistol Association v. Bruen (2022), which deemed New York’s “proper cause” requirement for concealed carry permits unconstitutional. This decision has profound implications for the constitutionality of criminal possession of firearms charges.

Neri also explored the legal challenges and considerations following the Bruen decision, including motions to dismiss possessory offenses on constitutional grounds and the criteria for probable cause in firearm possession cases post-Bruen.

The CLE session concluded with an examination of ballistic evidence’s role in gun cases, emphasizing the importance of forensic analysis in establishing connections between firearms and criminal activities. Neri discussed the admissibility of such evidence under the Frye Standard and recent case law affecting expert testimony on ballistic analysis.