This case is related to them taking the gun w/o paying you ... so its not a 2nd amendment case per se but certainly one point that needs addressing.
Cuomo does not have to prove its constitutional, just offer evidence and pleadings supporting its constitutionality. Cuomo does not prove anything ... the courts decide ...
Of course, how the court will rule will be irrelevant.
The case will be appealed and a de novo review will commence ... all the way to possibly SCOTUS (maybe..if the court wants to take it up) ... and maybe NY supreme court can refuse to take the case too ... maybe someone who knows more about NY supreme court rules will chime in on that
No way the state can state facts to support it ... but some court will eat what the state says like cotton candy ... yum yum yum ..
I don't need a court to decide its unconstitutional ... I think it is ...