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Mata Balogh v. New York

IFP petition · Appellate Division, Supreme Court of New York, First Judicial Department, No. 2023-03397 · judgment January 22, 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
Christopher Patrick Marinelli
Bronx County District Attorney's Office

Case

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

Conference history
Distributed for 1 conference

Proceedings

Oct 13 2026
Response Requested. (Due November 12, 2026)
Oct 08 2026
DISTRIBUTED for Conference of 11/6/2026.
Oct 06 2026
Waiver of right of respondent New York to respond filed.
Main Document
Sep 23 2026
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2026)
Petition Motion for Leave to Proceed in Forma Pauperis Proof of Service Proof of Service