No. 25-356

Steven P. Mancuso v. New York

Lower Court: New York
Docketed: 2025-09-24
Status: Pending
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: bruen-precedent constitutional-challenge criminal-conviction firearm-possession second-amendment self-defense
Key Terms:
Environmental SecondAmendment DueProcess CriminalProcedure
Latest Conference: 2026-02-20 (distributed 2 times)
Question Presented (from Petition)

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.

Question Presented (AI Summary)

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

Docket Entries

2026-02-04
DISTRIBUTED for Conference of 2/20/2026.
2026-02-02
Reply of Steven Mancuso submitted.
2026-02-02
Reply of petitioner Steven Mancuso filed. (Distributed)
2026-01-20
Brief of People of the State of New York (Oneida County District Attorney's Office) in opposition submitted.
2026-01-20
Brief of respondent New York in opposition filed.
2025-11-24
Motion to extend the time to file a response is granted in part and the time is extended to and including January 20, 2026.
2025-11-20
Motion to extend the time to file a response from December 4, 2025 to February 2, 2026, submitted to The Clerk.
2025-11-04
Response Requested. (Due December 4, 2025)
2025-10-29
DISTRIBUTED for Conference of 11/14/2025.
2025-10-07
Waiver of right of respondent People of the State of New York (Oneida County District Attorney's Office) to respond filed.
2025-07-21
Petition for a writ of certiorari filed. (Response due October 24, 2025)

Attorneys

People of the State of New York (Oneida County District Attorney's Office)
Michael A. LaBellaOneida County District Attorney's Office, Respondent
Michael Anthony LaBella Jr.Oneida County District Attorney's Office, Respondent
Steven Mancuso
Gary George PelletierPelletier Clarke & Caley, LLC, Petitioner