
On October 20, 2026, New York’s highest appellate court heard oral arguments in a case that could affect the state’s handgun licensing rules. The dispute centers on Penal Code 265.03(3), which makes it a crime to possess a loaded firearm in public without a license.
Antrell Davis, who pleaded guilty to attempted second‑degree weapon possession, asked the court to dismiss his indictment, arguing that the Supreme Court’s 2022 Bruen decision requires modern gun restrictions to align with the nation’s founding era. The lower court in Monroe County denied his motion, and the conviction was later affirmed on appeal.
Attorney General Letitia James filed a brief urging the Court of Appeals to reject Davis’s constitutional challenge. The AG’s office argues that Bruen does not forbid states from requiring a license before a person can carry a handgun in public, and that New York’s law merely targets unlicensed possession of a loaded firearm.
Source: Courthouse News Service
During the hearing, Judge Shirley Troutman asked whether states may have licensing schemes, to which the defense answered “no” – states are not prohibited. The judges also probed the scope of the law, asking about assault‑rifle bans and whether a prior felon could be prosecuted for gun possession. The defense acknowledged that felons can be disqualified from possessing firearms.
If the court upholds the current statute, New Yorkers will continue to need a valid license to carry a loaded handgun in public. Those without a license could face second‑degree weapon possession charges. The law does not ban possession of a loaded firearm outright; it only criminalizes it when the holder lacks a license or other exemption.
People who think they may be affected should verify whether they hold a valid handgun license and understand that the burden of raising a licensing defense falls on the defendant. No deadline or immediate procedural change was mentioned in the arguments.
The panel did not issue a decision after the hour‑long argument, leaving the outcome pending. The case may set precedent for how New York and other states structure licensing defenses under Bruen. Future Supreme Court arguments on assault‑rifle bans could also influence the court’s reasoning.
Anyone facing a similar charge or unsure about their licensing status should consider consulting a criminal defense attorney to assess defenses and licensing options.
If the court upholds the law, New Yorkers will continue needing a license to carry a loaded handgun in public, preserving the current regulatory framework.
People without a valid handgun license could face second‑degree weapon possession charges, increasing legal exposure for unlicensed gun owners.
The court’s decision is pending, and future rulings on assault‑rifle bans may influence how New York’s handgun laws are interpreted.
Defendants must now be prepared to raise the licensing exemption as a defense, shifting the burden to the accused.
Upcoming Supreme Court arguments on AR‑15 bans could affect the court’s reasoning in this handgun licensing case.
| Party | Position |
|---|---|
| Attorney General Letitia James | Defends law as constitutional under Bruen |
| Antrell Davis (defendant) | Argues law violates Second Amendment and due process |
| Monroe County DA (Amy Walendziak) | Supports state’s right to require licensing |
Source: Courthouse News Service
This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 21, 2026.
Source: Courthouse News Service
Cornell University will halt all fraternity house parties through the 2026‑27 year and let New York State Police investigate sexual assault reports, adding a case manager and victim advocates.
Reading about the law is one thing, applying it to your own case is another. Browse verified attorneys in New York by practice area.