People v. Barry

1 Citing case

  1. R.M. v. C.M.

    2024 N.Y. Slip Op. 1545 (N.Y. App. Div. 2024)

    CPLR article 63-A imposes a restriction of an individual's right to own or possess a firearm when there is probable cause to believe that he or she is likely to engage in conduct that would result in serious harm to himself, herself, or others, which is thereafter supported by clear and convincing evidence at a hearing. This regulation is consistent with the Nation's historical tradition of firearm regulation in keeping dangerous individuals from carrying guns (see Kohler v S.L., 81 Misc.3d 1220[A], 2023 NY Slip Op 51415[U] [Sup Ct, Albany County]; Antonyuk v Chiumento, 89 F4th 271) and, therefore, is presumptively lawful (see Hope v State, 163 Conn.App. 36, 43, 133 A.3d 519, 524-525).