Whether New York's Penal Law § 265.01-b(1) is unconstitutional as applied

QUESTION PRESENTED Whether New York’s Penal Law § 265.01-b(1) is unconstitutional as applied where it imposes criminal, felony penalties when citizens fail to ask for the State’s permission before they exercise the core right to protect themselves in the home with a handgun in contravention of the Second Amendment and District of Columbia v. Heller, 554 U.S. 570 (2008).