New York defends handgun licensing law amid Supreme Court-era challenge
The New York attorney general asked the state’s top appeals court to uphold the criminal prohibition on unlicensed handgun possession, citing recent U.S. Supreme Court guidance.
Antrell Davis, convicted of attempted second-degree weapon possession, attempted to overturn his indictment by invoking the Supreme Court’s Bruen decision, which requires modern gun restrictions to align with historical tradition. The Monroe County courts denied his motion, and the conviction was upheld on appeal. Letitia James, New York’s attorney general, stepped in before the Court of Appeals to argue that Penal Code 265.03(3) - criminal possession of a handgun without a license - is consistent with Bruen.
Judges questioned whether states may impose licensing regimes, the scope of permissible bans on assault rifles, and how felons fit into the framework. The Monroe County District Attorney’s Office emphasized that Bruen permits states to maintain shall-issue licensing systems, and the attorney general’s brief reiterated that the law only targets unlicensed, loaded firearms. The panel recessed without an immediate ruling.
Why it matters
The case will shape how New York and other states can regulate handgun carry under the Supreme Court's new gun-rights standard.
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