The defendant is charged with Assault, Harassment; Criminal Possession of a Weapon and Unlawful Possession of an Air Pistol. The charges arise out of an incident that allegedly occurred inside an apartment. At that time, the People allege that the defendant grabbed the woman by her arm, pushed her against a wall and choked her, causing substantial pain to her arm and neck and a bruise to her arm. Thereafter, a police officer allegedly observed that the defendant possessed one black handgun and one air pistol inside of his bedroom closet. The defendant allegedly stated, in sum and substance that the cops found a gun in the closet for protection. The gun was never loaded and was never fired.
The defendant moves to dismiss the weapons charge and the Administrative Code charge as facially unconstitutional and unconstitutional as applied. He also moves for suppression and preclusion of evidence. For the reasons that follow, the County Court holds that neither Penal Law (PL) nor Administrative Code (AC) violates the Second Amendment and neither is unconstitutional as applied to the defendant.