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Omar Johnson v. New York
IFP petition · Court of Appeals of New York, No. 86 · judgment November 24, 2025
Question presented
Omar Johnson was prosecuted for possessing a firearm for self-defense purposes without a public-carry license under the very regime that this Court considered in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022). Mr. Johnson argued that his unlicensed possession was a direct result of New York’s unconstitutional “proper cause” standard. The New York Court of Appeals rejected his Second Amendment defense on severability grounds, finding that New York’s other licensing requirements could continue to be enforced against Mr. Johnson notwithstanding his undisputed inability to satisfy the “proper cause” standard. This question presented is: Whether, or under what circumstances, individuals can be criminally prosecuted for failing to comply with a licensing scheme that contains a facially unconstitutional licensing standard?
Counsel of record
For petitioner
Matthew Joseph Bova
Center for Appellate Litigation
For respondent
Yael Vida Levy
Bronx County District Attorney
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jun 22 2026Petition DENIED.
- Jun 03 2026DISTRIBUTED for Conference of 6/18/2026.
- Jun 03 2026Reply of petitioner Omar Johnson filed. (Distributed)
- May 15 2026Brief of respondent Intervenor Letitia James, Attorney General of New York in opposition filed.
- May 11 2026Brief of respondent New York in opposition filed.
- Apr 03 2026Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2026, for all respondents.
- Apr 02 2026Motion to extend the time to file a response from April 15, 2026 to May 15, 2026, submitted to The Clerk.
- Mar 16 2026Response Requested. (Due April 15, 2026)
- Mar 12 2026DISTRIBUTED for Conference of 3/27/2026.
- Mar 10 2026Waiver of right of respondents New York, et al. to respond filed.
- Mar 10 2026Waiver of right of respondent Hon. Letitia James, New York State Attorney General to respond filed.
- Feb 23 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 2, 2026)