People v. Hughes, 21 N.Y.3d 39 (2013)
The Second Amendment does not categorically limit the severity of punishment for unlawful gun possession, although in some extreme cases, it might; intermediate scrutiny applies when evaluating Second Amendment claims related to gun control regulations.
Summary
Hughes was convicted of a class C felony for possessing a loaded, unlicensed weapon in his home due to a prior misdemeanor conviction, which, under New York law, removed the “home exception” to the felony charge. Hughes argued that enhancing the charge to a felony based on a misdemeanor violated his Second Amendment rights. The New York Court of Appeals affirmed his conviction, holding that the law, which allows most misdemeanants to obtain gun licenses, substantially relates to the important government objective of preventing gun violence and keeping guns out of the hands of those who have demonstrated an inability to follow the law. The court applied intermediate scrutiny, assuming without deciding that Second Amendment scrutiny applied to the severity of punishment.
Facts
Hughes, who had a prior misdemeanor conviction for resisting arrest, possessed a loaded handgun in his ex-girlfriend’s apartment (deemed by the trial court to be his home as well). He did not have a permit for the handgun. Following an argument outside the apartment, Hughes shot and killed a man. He was acquitted of murder and related charges based on a justification defense but convicted of second-degree (felony) and third-degree (felony) criminal possession of a weapon because of his prior conviction and lack of a permit.
Procedural History
The trial court convicted Hughes of second and third-degree criminal possession of a weapon. Hughes moved to set aside the second-degree conviction, arguing a Second Amendment violation. The trial court denied the motion. The Appellate Division affirmed. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether enhancing a weapon possession charge to a class C felony based on a prior misdemeanor conviction impermissibly burdens the right to keep and bear arms under the Second Amendment.
Holding
No, because the statute bears a substantial relationship to the achievement of an important governmental objective.
Court’s Reasoning
The court assumed, without deciding, that the Second Amendment could limit the severity of punishment for unlawful gun possession. It then applied intermediate scrutiny, a standard adopted by several federal circuit courts following District of Columbia v. Heller and McDonald v. City of Chicago. The court reasoned that New York’s law, which elevates the charge to a felony only when the possessor has a prior conviction and lacks a license, is substantially related to the important government objective of preventing gun violence. The law allows most misdemeanants to obtain gun licenses, mitigating the burden on Second Amendment rights. The court emphasized that “preventing the criminal use of firearms is an important government objective; and keeping guns away from people who have shown they cannot be trusted to obey the law is a means substantially related to that end.” The court explicitly chose not to explore what a truly draconian sentence might have meant for the outcome of the case. Thus, the court found that the 3 1/2 year sentence Hughes received did not violate the Second Amendment.