New York Inquisitor

Navigating gun possession cases: Insights from Kings County Criminal Bar Association CLE

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Brooklyn Eagle
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During a recent Continuing Legal Education (CLE) session hosted by the Kings County Criminal Bar Association on Feb. 29, William “Bill” Neri, principal court attorney for Justice Vincent Del Giudice at the Kings County Supreme Court, Criminal Term, led a detailed discussion on “Current Issues in Gun Cases.”

The event provided an insightful overview of the evolving legal landscape regarding gun possession cases in New York State, focusing on constitutional interpretations and evidentiary challenges.

Neri highlighted a significant rise in firearms possession arrests within New York City, noting an increase from 3,584 arrests in 2022 to 4,552 in 2023. This uptick coincides with a slight decrease in the number of shooting victims, from 1,277 in 2022 to 1,154 in 2023, according to NYPD COMPSTAT figures.

A critical aspect of the presentation was the examination of pending gun cases in the Kings County Supreme Court–Criminal Term. As of February 26, 2024, 1,276 post-indictment gun cases were awaiting resolution.

Neri delved into the historical context of gun rights, contrasting the traditional view that tied the right to bear arms to membership in a well-regulated militia with the landmark 2008 U.S. Supreme Court decision in District of Columbia v. Heller. This ruling affirmed the individual’s right to possess firearms for self-defense within the home, marking a pivotal shift in constitutional interpretation.

Further discussion centered on the recent Supreme Court ruling in NY State Rifle and Pistol Association v. Bruen (2022), which deemed New York’s “proper cause” requirement for concealed carry permits unconstitutional. This decision has profound implications for the constitutionality of criminal possession of firearms charges.

Neri also explored the legal challenges and considerations following the Bruen decision, including motions to dismiss possessory offenses on constitutional grounds and the criteria for probable cause in firearm...


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