United States Second Circuit

A conviction under 18 USC section 922(a)(3) for transporting into New York a firearm acquired in another state is affirmed, where: 1) the defendant could not argue that because the restrictive licensing scheme in New York effectively compelled him to go elsewhere to get a handgun, section 922(a)(3) prevented him from exercising his Second Amendment right to possess a handgun for self-defense, because he failed to apply for a gun license in New York, and so lacked standing to challenge New York's licensing laws; and 2) section 922(a)(3) did not burden the defendant's right to keep and bear arms in a way so substantial as to justify heightened scrutiny, so his as-applied and facial challenges to the constitutionality of the law failed.

Appellate Information

• Decided 06/01/2012
• Published 06/01/2012

Judges

• Dennis Jacobs

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Colleen P. Cassidy, Brian A. Jacobs