IN THE NEWS Category Archives — New York Criminal Attorney Blog Published by White Plains, New York Criminal Defense Lawyers

Supreme Court Declines Review in Antonyuk v. James: What It Means for New York Gun Laws

April 20, 2025 | Peter Howard Tilem

The most significant Second Amendment case to come out of New York in spring 2025 was Antonyuk v. James, a direct challenge to the state’s Concealed Carry Improvement Act (CCIA). On April 7, 2025, the United States Supreme Court declined to hear the case, leaving in place a decision by the Second Circuit Court of Appeals that largely upheld New York’s post-Bruen gun law. The Court’s refusal to intervene was a major victory for state officials and a pivotal moment in the ongoing national debate over firearms regulation.

Background: The Bruen Decision and New York’s Response

In June 2022, the Supreme Court issued its landmark decision in New York State Rifle & Pistol Association v. Bruen. That ruling struck down New York’s longstanding requirement that applicants for concealed carry permits show “proper cause” to justify their need to carry a firearm. The Court held that the Second Amendment protects the right of ordinary citizens to carry firearms in public for self-defense, and that New York’s discretionary licensing scheme was unconstitutional.

What is NY TAC Defense, and Why Every New York Gun Owner Needs It

November 3, 2024 | Peter Howard Tilem

Protecting your rights starts before you ever need to use your firearm.

If you own a gun in New York, you already know the laws are complex, strict, and sometimes unforgiving. Even if you do everything right, a single moment of defending yourself or your family can turn into a legal nightmare — unless you’re prepared.

That’s where NY TAC Defense comes in.

NEW YORK SUPREME COURT JUSTICE DEEMS NEW YORK’S RED FLAG LAWS ARE UNCONSTITUTIONAL

December 30, 2022 | Peter Howard Tilem

A New York State Supreme Court Justice ruled last week that New York’s Extreme Risk Protection Order laws, often called Red Flag laws are unconstitutional and declined to issue an Extreme Risk Protection Order (ERPO). As we have written in the past, extreme risk protections have become very popular in anti-gun states and are a way for government officials to take away the Second Amendment rights of individuals who have not committed any crime. Yet, New York’s Red Flag laws were expanded in July of 2022. Justice Thomas E. Moran, of the Rochester based Monroe County Supreme Court struck down these laws in a 10 page decision, in a case entitled G.W. v. C.N., 2022 NY Slip Op 22392 (Monroe County Sup. Ct. 2022).

This particular case highlights everything wrong with Red Flag laws. The Petitioner who filed for the Extreme Risk Protection Order was the estranged boy friend of the Respondent who was a licensed gun owner in New York State. He alleged that his ex-girlfriend was a danger to herself and others and obtained a Temporary Extreme Risk Protection Order. Justice Moran pointed out that the Petition cited a variety of statements that the Respondent allegedly made threatening to harm herself with a gun which the Petition falsely claimed were made within 6 months before the Petition was filed but in fact dated back to 2020 and 2021. The Court also pointed out that there was a Family Court case also going on in which The Petitioner had an Order of Protection against him which among other things barred him from the home that they had shared.

Turning to the Constitutionality of the Article 63-A, which lays out New York’s Red Flag laws and procedures, the Court cited the United States Supreme Court decisions in Heller, McDonald and most recently Bruen and applied the Bruen Standard that when the 2nd Amendment’s text covers a person’s conduct, a law which regulates that conduct is presumptively unconstitutional unless the State can demonstrate that the regulation is consistent with the country’s historical tradition of firearms regulations.

THE CONCEALED CARRY IMPROVEMENT ACT WHERE WE STAND FOUR MONTHS LATER

November 9, 2022 | Peter Howard Tilem

Just about one week after the United States Supreme Court delivered its ground breaking decision in Bruen affirming the Constitutionally protected right to carry a gun in public and addressing the sanctity of the Second Amendment, Governor Hochul and the New York State Legislature convened an extraordinary legislative session and passed the “Concealed Carry Improvement Act. The purpose of the CCIA was to make the lawful carry of a firearm so difficult, so constrained and so limited that no one would choose to carry their firearm for fear of being charged with a felony. The thrust of the law was to create numerous sensitive and restricted locations where a licensed citizen could not carry firearms and to make the application process unduly burdensome.

The law was almost immediately after passage challenged in numerous Court proceedings. New York State rather than defending the law on the merits chose to defend the law mostly with the procedural argument that because the Plaintiffs challenging the law had not been arrested or suffered any harm they did not have standing to challenge the law. Now after several decisions, here is a partial list of what is still enforceable under the CCIA.

In the Western District of New York, on November 3, 2022, Judge Sinatra stayed the enforcement of the provisions of the CCIA which prohibited carrying a firearm in places of worship.

Successfully Moving to Controvert a Search Warrant – Evidence Suppressed and Case Dismissed

July 26, 2022 | Peter Howard Tilem

As we have discussed in the past often in New York criminal cases suppression of the evidence may be your best (or only defense. As has been widely reported in the media, all charges were recently dismissed against one of our clients after the Court granted our motion to controvert a search warrant and suppressed all of the evidence recovered during a search of our client’s house. While in can be difficult to have a motion to controvert a search warrant granted by the Court, recent case law makes it easier to file and win such a motion. When a motion to controvert a search warrant is granted, the Court is deciding that the search warrant was not valid and therefore the evidence obtained during the execution of the search warrant may not be used in Court.

Article 710 of the New York Criminal Procedure Law sets out the procedure to file a motion to suppress tangible evidence that is obtained as a result of an “unlawful search and seizure.” The United States Court of Appeals for the Second Circuit, which covers New York State has established that a warrant must at a minimum have three components. One is that the warrant must identify the specific crime for which law enforcement has established probable cause. Then the warrant must particularly describe the places that are allowed to be searched and the things that may be seized with their relationship to the crime.

New York’s highest Court, the New York Court of Appeals has further refined New York’s warrant requirement. (See, People v. Brown, 96 NY2d 80). At a minimum the warrant must particularly describe the places to be searched and the things to be seized. The idea is to ensure that the police have no discretion in either the places to be searched or the things that are permitted to be seized. Exploratory warrants that give police the discretion to look around for evidence are unlawful. If either of those elements are lacking the warrant may be invalid and any evidence suppressed. This is true even though a Judge has signed and authorized the search warrant.

New York’s New Gun Laws Part IV – “Closing Loopholes” Others and Magazines

June 9, 2022 | Peter Howard Tilem

ANY OTHER WEAPONS

We have written in the past extensively about the Mossberg Shockwave, Remington Tac-14 and AR-15 others. The basic principle involves a weapon that is not designed to be fired from the shoulder so that it cannot be legally considered to be a rifle or shotgun and is defined to be fired with two hands so does not meet the legal definition of a pistol. Therefore, the restrictions on barrel length of shotguns and rifles did not apply as long as the overall length of the weapon was greater than 26 inches. In addition, since these guns were neither pistols, shotguns nor rifles they could have collapsible stocks, flash suppressors and/or bayonet lugs and not fall into the definition of “assault weapons”. Despite the fact that these “others” don’t seem to be the source of any significant crime this upset the gun grabbers. Now under the new law they are regulated and probably need to be added to a pistol license to be kept.

The new law signed by Governor Kathy Hochul on June 6, 2022, redefines the term firearm in New York. Under New York Law, a firearm requires a license to be issued in order to legally possess the firearm just like any handgun. The new law amends Penal law sec. 265.00 (3) to include in the definition of firearm: any other weapon which is not otherwise defined in Penal law 265.00 and which is designed or can be converted to fire a projectile by the force of an explosive.

New York’s New Gun Laws Part III – Expanded Red Flag Laws and Requirement of Microstamping

June 9, 2022 | Peter Howard Tilem

EXPANSION OF RED FLAG LAWS

On June 6, 2022 Governor Kathy Hochul signed an expansion of New York’s already problematic red flag laws giving the right to file Extreme Risk Protection Petitions to a wide range of health care workers. The list of healthcare workers includes doctors, nurses, social workers, psychiatrists, marriage and family therapists, and licensed mental health counselors who have treated the person who they wish to red flag within the 6 months preceding the red flag petition. The new law went on the require that police officers and district attorneys file red flag petitions under certain circumstances. Previously, it was discretionary with the police officer or district attorney whether or not to file a red flag case. The new law makes it mandatory under certain circumstances.

One issue that has not been reported is that this amendment to the extreme risk protection law creates a major new exception to the doctor-patient privilege. The doctor-patient privilege is codified in New York under CPLR 4504 and prohibits the disclosure of information obtained while attending the patient. The new law specifically authorizes a medical professional to disclose protected health information. In addition, it gives the Judges hearing the petition for an extreme risk protection order the authority to order the disclosure of protected medical records from other medical providers. This is perhaps one of the largest exceptions ever created to doctor-patient privilege and is likely to discourage many from getting treatment because of the potential for disclosure of their personal medical records.

New York’s New Gun Laws Part II – Licenses for semi automatic rifles and ban on sale and purchase body vests

June 9, 2022 | Peter Howard Tilem

New York’s New Type of License – Semi Automatic Rifles

Among the new package of laws that were signed into law by Governor Kathy Hochul was the requirement to obtain a license before purchasing or acquiring a new semiautomatic rifle (other than an “assault rifle“). The intention seems to have been to prevent the purchase of rifles by 18, 19 and 20 year old individuals but the law does much more. Notwithstanding, that the Ninth Circuit Court of Appeals in California has already ruled a similar California ban on 18, 19 and 20 year old young adults is unconstitutional. Under S.9458/A.10503 Article 400 of the Penal law was amended to create a new type of gun license called a license for a semiautomatic rifle. Similar to licenses to carry pistols the new law says that a license to purchase a semiautomatic rifle obtained outside of New York City will not be valid inside of New York City unless a special permit giving validity is obtained from the New York City Police.

The new law does not make it a crime to own or possess guns which were acquired before the effective date. Rather, the new law makes it a crime to purchase or obtain a new semiautomatic rifle without having the new type of license. The new licenses appear to be issued by the same licensing officers using the same criteria as license for handguns and is almost certain to back up and slow down the already overwhelmed system for obtaining handgun licenses. The new licenses require recertification every five years.

New York Governor Hochul Signs 10 New Gun Control Measures – Here Is What You Need To Know

June 9, 2022 | Peter Howard Tilem

On June 6, 2022, New York Governor Kathy Hochul signed 10 new gun control measures into law. These laws were hurriedly written and passed and appear to be a knee jerk reaction to the tragedies in Uvalde and Buffalo but will have a heavy impact on the New York Second amendment community. As New York Second Amendment lawyers we have been contacted by a large number of concerned citizens, firearms trainers and gun store owners about the impact of these laws. Taken as a whole these may be the stupidest gun laws ever written. Here is a brief summary of what passed and what it means with links to get more information about each one. .

S.9458/A.10503 makes it a felony to either purchase a semiautomatic rifle without a license or sell a semiautomatic rifle to someone who does not have a license. The new law also raises the minimum age to buy a semiautomatic rifle to 21 years of age. To read more about the law click here.

S.9407-B/A.10497 makes it a crime to purchase body armor except for individuals in “eligible professions”. It makes it a felony to sell body armor to someone who is not in an “eligible profession”. To read more about this law click here.

EVEN BEFORE NEW YORK “GHOST GUN” LAW TAKES EFFECT THE CRACKDOWN HAS BEGUN

April 14, 2022 | Peter Howard Tilem

As New York firearms attorneys we reported in our December 28, 2021 blog about the new law regulating 80 percent lower receivers in New York, the law allows for a six month grace period. However as has been reported in the news lately, the term “Ghost Gun” is the new boogie man for gun control supporting politicians and raids have been taking place before the new law even takes effect. Please read this article and this one.

The problem for many gun owners begins when they unlawfully finish what started out as an 80 percent lower in one of two ways. First, it is a serious felony under New York law to possess any handgun, even in one’s own home without a handgun license. Once you complete the 80 percent lower into a handgun a person who doesn’t have a pistol license possesses an unregistered and unlicensed firearm, referred to by many politicians as a “ghost gun”. The fact is that getting a handgun license in many New York counties, especially during the pandemic could take a year or more. In addition, fully manufactured guns were hard to come by. Some people took matters into their own hands and completed 80% lowers into functioning handguns.

Possession of a handgun without a license in your home or place of business is a class “E” felony punishable by up to 4 years in prison. Possession of a loaded unlicensed and unregistered handgun outside your home or place of business is a class “C: violent felony and carries a mandatory minimum sentence of 3.5 years in State prison with a maximum sentence of 15 years. Possession of 3 or more firearms makes it a “D” felony and possession of 5 or more firearms makes it a “C” felony.