Steven P. Mancuso v. New York

The petition involves two questions implicating the Second Amendment and the Fourteenth Amendments to the United States Constitution. 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 § 265.01- b(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.