Environmental SecondAmendment DueProcess CriminalProcedure
The first question is whether New York's Penal Law § 265.03(3), § 265.02(1) and § 265.01-b(1), which prohibit the ownership of a firearm in the home or for purposes of self-defense by a person convicted of any crime is facially unconstitutional in derogation of the Second Amendment and contravenes this Court's decision in New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1 (2022).
The second question is whether the application of New York's Penal Law § 265.03(3), § 265.02(1) and § 265.01b(1) to Steven Mancuso prohibiting him from possessing a firearm in his home violates the Second Amendment and contravenes this Court's decision in Bruen due to his conviction for a violation of the federal Clean Air Act, which is a non-violent felony under United States law.
Whether New York's firearm possession laws prohibiting ownership for persons with prior non-violent criminal convictions are facially unconstitutional under the Second Amendment and Bruen precedent