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Jason Peguero v. New York

IFP petition · Appellate Division, Supreme Court of New York, First Judicial Department, No. 2023-02642 · judgment February 26, 2026


Pending

Question presented

Does the Second Amendment bar criminal prosecution for unlicensed-firearm possession where the defendant was subject to an unconstitutional firearms-licensing law and there were otherwise no lawful bases for disarming the defendant?

Counsel of record

For petitioner
Matthew Joseph Bova
Center for Appellate Litigation

For respondent
Maria Ileana Wager
Bronx County District Attorney

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
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Proceedings

  1. Aug 26 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2026)