Articles Posted in GUN CRIMES

In a landmark decision that was closely watched by New York criminal lawyers and attorneys throughout the Country, The United States Supreme Court struck down Washington DC’s ban on handguns. As discussed in our earlier March 19, 2008 blog, the decision is monumental because it marks the first time the Court has recognized that the right to “keep and bear arms” applies to individual citizens and not only State Militias. The fact that the Supreme Court now recognizes an individual right raises many questions about the legality of the gun laws throughout New York and the North East.

To me, as an attorney who was a member of the firearms trafficking unit of the District Attorney’s office in Manhattan and has handled numerous gun cases throughout my career, this decision raises more questions than answers. For example, while the Court has prohibited a total ban on guns, to what extent will Courts allow “Reasonable Restrictions” on the ownership of handguns? Will the Courts permit onerous licensing and registration laws to continue? To what extent does this effect individuals facing the mandatory minimum three and one half year sentence for those charged with possession of a loaded firearm in New York?

At Tilem & Campbell we are continuing to analyze the decision with an eye toward helping our clients navigate the maze of New York gun laws. A further blog on this topic in the coming weeks will further discuss the ramifications of the decision.

Westchester based Criminal Defense Law Firm, Tilem & Campbell, is following with great interest the case of District of Columbia v. Heller which was argued in the United States Supreme Court yesterday morning. Peter H. Tilem, Senior Partner at the firm is a former member of the Firearms Trafficking Unit of the New York County District Attorney’s Office and has handled numerous firearms and weapons related cases both as a prosecutor and a criminal defense attorney. The firm, Tilem & Campbell owns the domain name handgunattorney.com and has handled numerous firearms and weapons related cases in both Federal and State Court.

The Heller case involves a Federal challenge to the District of Columbia ban on private possession of handguns. This marks the first Second Amendment case considered by the United States Supreme Court since 1939. The question being considered by the Supreme Court in this case is whether the District of Columbia ban violates the rights of citizens who, though not part of any militia, wish to keep handguns in their home. The United States Court of Appeals for the District of Columbia Circuit has already ruled that the ban is unconstitutional and has struck down the DC law. The decision from the U.S. Supreme Court is likely to have far reaching ramifications.

If the Supreme Court agrees with the Circuit Court, it will mark the first time in this nation’s history that the Supreme Court has applied the Second Amendment to citizens not a part of a State Militia and therefore can have an impact on the gun laws of States throughout the Country. New York City and other localities throughout New York State that have particularly restrictive gun laws may be profoundly affected by the Decision particularly if the Supreme Court Decision upholds the Circuit Court ruling.