Question
Wendy, a resident of New York City, wants to pur-chase a handgun for personal protection. After do-ing some research on the subject, she comes to
Wendy, a resident of New York City, wants to pur-chase a handgun for personal protection. After do-ing some research on the subject, she comes to the conclusion that it is nearly impossible for her to legally obtain a gun permit due to New York City's restrictive gun laws. She has also read the U.S. Con-stitution, and she believes that New York City's laws are unconstitutional since they infringe on her right to keep and bear arms guaranteed by the Second Amendment. Certain of her rights, she purchases a handgun for personal protection from her local ille-gal gun dealer for $300. The next day, she is arrested when an undercover police officer sees her fending off a mugger with her illegally obtained gun. She is charged with illegal gun possessiona crime that carries a minimum one-year mandatory jail sentence upon conviction in New York City. Her defense is the unconstitutionality of the law under which she was arrested. What is the likely result? A. Assume that Wendy is tried and convicted in State Supreme CourtNew York's oddly named trial court of general original jurisdiction. (New York's highest court is the Court of Appeals. Its inter-mediate appellate courts are called the Supreme Court, Appellate Division or Appellate Term.)
3. Assume that in the last case Wendy loses all her ap-peals and serves her one-year sentence for illegal gun possession. If she is convinced that the law is unfair and wants to fight it, is there any way she can do so?
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