Defendants, each charged with one count each of criminal possession of a weapon in the second degree, asked the court to dismiss the indictment considering the Supreme Court’s decision in New York State Rifle and Pistol Ass’n, Inc. v. Bruen, arguing that the charges violate their Second and Fourteenth Amendment rights under the U.S. Constitution.
Among other things, Acting Justice Beth Beller of the Bronx Supreme Court denied defendants’ motion to dismiss the indictment as a violation of their Second Amendment Rights, concluding that Bruen reaffirmed that there is no Second Amendment right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.
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