Barry Kamins in his office at the New York City Bar Association. Photo: Rick Kopstein/ALM Probable Cause and 'Bruen': Two Amendments Collide
Recently, a judge in the Eastern District of New York announced a new legal standard for probable cause in gun cases in New York. Essentially, the court concluded that a significant increase in lawfully possessed guns in New York City has altered the probable cause equation in these cases. The government is seeking reconsideration of that ruling.
April 01, 2024 at 09:32 AM
12 minute read
Recently, a judge in the U.S. District Court for the Eastern District of New York announced a new legal standard for probable cause in gun cases in New York. In United States v. Homer, 2024 WL 417103 (EDNY 2024), the district court held that, based on New York State Rifle & Pistol Association v. Bruen, 142 S. Ct. 2111 (2022) (Bruen), before a police officer can have probable cause to arrest an individual who is in possession of a firearm, there needs to be some evidence indicating the probability that the individual was not licensed to possess the firearm.
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