No. 20-5313
Response WaivedIFP
Tags: 2nd-amendment civil-rights constitutional-challenge district-of-columbia-v-heller due-process felony-penalties home-protection second-amendment self-defense strict-scrutiny takings
Latest Conference:
2020-10-09
Question Presented (from Petition)
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).
Question Presented (AI Summary)
Whether New York's Penal Law § 265.01-b(1) is unconstitutional as applied
Docket Entries
2020-10-13
Petition DENIED.
2020-09-17
DISTRIBUTED for Conference of 10/9/2020.
2020-09-10
Waiver of right of respondent Niagara County District Attorney's Office to respond filed.
2020-08-28
Waiver of right of respondent New York State Office of the Attorney General (Intervenor in state-court proceedings) to respond filed.
2020-07-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2020)
Attorneys
Melquan Tucker
Erin Amisa Kulesus — The Legal Aid Bureau of Buffalo, lnc ., Petitioner
New York State Office of the Attorney General (Intervenor in state-court proceedings)
Niagara County District Attorney's Office
Thomas H Branot — Niagara County District Attorney's Office, Respondent