Federal Defenders of New York Second Circuit Blog

second amendment

Federal law requiring registration and payment of $200 fee for possessing short-barreled rifles and suppressors doesn’t implicate the Second Amendment because such regulation does not “meaningfully constrain” the right to bear arms.

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United States v. DeFelice, No. 25-920-cr (2d Cir. Sept. 2, 2026) (Lohier, Kearse, and Walker, Circuit Judges) (per curiam). Affirming DeFelice’s conviction on a conditional plea for possessing two unregistered short-barreled rifles and an unregistered suppressor, the panel held that because neither the registration requirement nor the then-$200 fee of the National Firearms Act (NFA) … Read more

The Government is seeking certiorari from Range v. Attorney General, United States, 69 F.4th 96 (3d Cir. 2023) (en banc), which held that 18 U.S.C. § 922(g)(1) was unconstitutional as applied to Bryan Range, whose predicate offense was a (1995) conviction for making a false statement to obtain government benefits. See Merrick B. Garland, Attorney General, et al. v. Bryan David Range, No. 23-374. The case is to be conferenced tomorrow, November 17, 2023.

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The Solicitor General filed the government’s petition for a writ of certiorari on October 5, 2023. Respondent Bryan Range’s papers were filed on October 18, 2023. The Solicitor General filed its reply on November 1, 2023. The Supreme Court docket is available at: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/23-374.html

Supreme Court Update – Stun Gun a “Bearable Arm” Protected by the Second Amendment – Caetano v. Massachusetts

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In Caetano v. Massachusetts, No. 14-10078, the Supreme Court, in a unanimous per curiam decision, reversed the decision of the Supreme Judicial Court of Massachusetts that a stun gun is not a “bearable arm” protected by the Second Amendment, District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. Chicago, 561 U.S. 742 … Read more

I Second That Amendment

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United States v. Decastro, No 10-3773 (2d Cir. June 1, 2012) (Jacobs, Hall, Lynch, CJJ) In 2002, Angel Decastro moved from Florida to New York to help run his father’s dry-cleaning business. After a violent confrontation with a customer, Decastro requested a handgun license application from the NYPD. He did not submit it, however; he … Read more