Significantly, as the Government notes here, Bogle did not apply the "means-end interest balancing" analysis rejected by Bruen in affirming § 922(g)(1)'s constitutionality. See, Opp. at 9; Hampton, 676 F.Supp.3d at 300-01; United States v. Harrison, 683 F.Supp.3d 184, 195 (N.D.N.Y. July 20, 2023)(concurring with Hampton). Instead, "the Second Circuit reasoned purely from language in Heller and McDonald expressly affirming 'longstanding prohibitions on the possession of firearms by felons.' "
Range, 69 F.4th at 113 (J. Ambro, concurring).See United States v. Harrison, No. 3:22-CR-455, 683 F.Supp.3d 184, 195 (N.D.N.Y. July 20, 2023) (comparing Range, "the food stamp fraudster who pleaded guilty to an unusual state law misdemeanor," to the defendant, whose "prior misconduct involve[d] an actual federal felony: his ... federal drug conviction").Range, 69 F.4th at 106.
Walczyk, 496 F.3d at 156 (quoting Illinois v. Gates, 462 U.S. 213, 238 [1983]). An individual may challenge the validity of a search warrant where “the affidavit supporting the warrant application contains deliberately or recklessly false or misleading information or material omissions of fact.” United States v. Harrison, 683 F.Supp.3d 184, 203 (N.D.N.Y. 2023) (Hurd, J.) (citing United States v. McKenzie, 13 F.4th 223, 236 [2d Cir. 2021]).
While the DOCCS Defendants have not described the security concern with specificity, the Court finds merit in the DOCCS Defendants' concerns. While one court in this Circuit has previously granted leave to file bodycam footage under seal, see United States v. Harrison, 683 F.Supp.3d 184, 188, n.1 (N.D.N.Y. 2023), another court in this Circuit denied requests to seal body-worn camera videos where defendants' arguments were “conclusory and unavailing,” Preston v. City of Rochester, 6:22-CV-06525 EAW, 2024 WL 4266528, at *3 (W.D.N.Y. Sept. 23, 2024). Here, the videos depict the internal layout of the prison and show several officers and inmates who are not parties to the action, thus, posing a risk to the safety and security of the prisons.
15. United States v. Deare, No. 6:21-cr-212, 2023 WL 4732568 (W.D. La. July 24, 2023); 16. United States v. Gilbert, No. 21-cr-110, 2023 WL 4708005 (S.D. Ala. July 24, 2023); 17. United States v. Harrison, No. 3:22-cr-455, 683 F.Supp.3d 184 (N.D.N.Y. July 20, 2023); 18. United States v. Faust, No. 23-cr-2005, 2023 WL 4626672 (N.D. Iowa July 19, 2023); 19.