Long Island Gun Cases

[RBean]

jmac00, I think you are correct. Also I detect a very frightening course on the part of the police. In Cusumano as I addressed earlier, he sued Nassau County when they suspended his pistol license because his sister filed a TRO against him. The TRO was vacated in three days. They kept his license suspended. We finally filed suit after 14 months. He got a new pistol license shortly after he filed suit. Then he married and moved to Suffolk and attempted to transfer his pistol license. It was rejected and sent back to Nassau who took his newly issued pistol license and his two pistols.

Next Mr. Weinstein, who got his guns and license back after we filed suit, just had his pistol license revoked. He is now prohibited from possessing any guns, under "safe act" provisions. Listed as prohibited person on NICS. If he moved to another state he would still be listed as a "prohibited person."

Allegedly Weinstein threatened someone at NY Rising, the organization overseeing Sandy Relief Funds. Weinstein had problems with a contractor who took the money then did really crappy work. There may have been some heated discussions. The pistol license section said he threatened someone at NY Rising. I have contacted people there and no one knows anything about it. I have asked the police for a "post deprivation hearing, for them to product evidence, and to appeal the revocation. Have heard nothing.

What they have done is denied his right to keep and bear arms for life based on secret (apparently) complaints. No arrest, no criminal charges, no orders of protection and no convictions, ever of anything. In any of these they would have had to come up with evidence. In both these cases they have gone after someone who has had the gall to challenged them in court.

In both cases they used their unlimited authority over pistol licenses to do this. What they are trying to do is teach people not to challenge them. "There will be consequences." Of course they do this to ordinary people, not rich ones.

Now, we need to file a new suit against Nassau County. But Weinstein is living on his disability from injuries he received on 911 and is in poor health as a result of those injuries. He simply does not have the money. Cusumano is making a living, but does not have the money for a second round. I'll be 72 years old in January and just don't have the energy or money to continue to fight the authorities. It looks like they have won, unless we can get some real help from somewhere.

P.S. Carroll has his guns back. They have done nothing to him as he has no pistol license.

 

[Catskillkid]

jmac00, I think you are correct. Also I detect a very frightening course on the part of the police. In Cusumano as I addressed earlier, he sued Nassau County when they suspended his pistol license because his sister filed a TRO against him. The TRO was vacated in three days. They kept his license suspended. We finally filed suit after 14 months. He got a new pistol license shortly after he filed suit. Then he married and moved to Suffolk and attempted to transfer his pistol license. It was rejected and sent back to Nassau who took his newly issued pistol license and his two pistols.

Next Mr. Weinstein, who got his guns and license back after we filed suit, just had his pistol license revoked. He is now prohibited from possessing any guns, under "safe act" provisions. Listed as prohibited person on NICS. If he moved to another state he would still be listed as a "prohibited person."

Allegedly Weinstein threatened someone at NY Rising, the organization overseeing Sandy Relief Funds. Weinstein had problems with a contractor who took the money then did really crappy work. There may have been some heated discussions. The pistol license section said he threatened someone at NY Rising. I have contacted people there and no one knows anything about it. I have asked the police for a "post deprivation hearing, for them to product evidence, and to appeal the revocation. Have heard nothing.

What they have done is denied his right to keep and bear arms for life based on secret (apparently) complaints. No arrest, no criminal charges, no orders of protection and no convictions, ever of anything. In any of these they would have had to come up with evidence. In both these cases they have gone after someone who has had the gall to challenged them in court.

In both cases they used their unlimited authority over pistol licenses to do this. What they are trying to do is teach people not to challenge them. "There will be consequences." Of course they do this to ordinary people, not rich ones.

Now, we need to file a new suit against Nassau County. But Weinstein is living on his disability from injuries he received on 911 and is in poor health as a result of those injuries. He simply does not have the money. Cusumano is making a living, but does not have the money for a second round. I'll be 72 years old in January and just don't have the energy or money to continue to fight the authorities. It looks like they have won, unless we can get some real help from somewhere.

P.S. Carroll has his guns back. They have done nothing to him as he has no pistol license.

One would think a pro-gun organization, like...I don't know...the NRA...could chip in some money to help not to mention legal assistance. Pitiful that they haven't helped.

 

[Jmac00]

I don't think we will get much relief from the NRA. They called a few days ago and asked me "what do you think of the job the NRA is doing to help keep the second Amendment...blah.blah,blah"

I laid into the caller for a good 5 minutes. Basically, I told him I think the NRA is useless in New Yorkistan, they did nothing to help with the Safe Act, there is a Lawyer on Long Island named RBean working his ass off to get some firearms back, you ain't helping him and the state is now OFFICIALLY a socialist Democratic state. So until I see some real progress on the part of the NRA, don't ever call me again, I'll stick with GOA. and I hung up.

I doubt I'll be hearing from them again. I believe you can fight city hall, but you can't fight a blatantly corrupt city hall

 

[RBean]

Yes, I would just like a little help. A lawyer who could cover some depositions and court appearances and some monetary help with the filing fees and deposition cost. I may just give up, throw up my hands, withdraw from the cases, close may limited practice and retire to the south.

 

[Jmac00]

Yes, I would just like a little help. A lawyer who could cover some depositions and court appearances and some monetary help with the filing fees and deposition cost. I may just give up, throw up my hands, withdraw from the cases, close may limited practice and retire to the south.

exactly what the DOJ on Long Island is hoping for. although NO ONE could blame you. But I think these 'people of authority' are forgetting is that today's society is MOBILE. NY is always in the top three states with an outbound exodus. Cases like this can only accelerate people leaving. Soon, they will have no one to rule over, except MS-13 members

 

[C3D]

rbean, send me your contact details by IM and we'll see about getting that case on my docket. I want to find out more about it before taking it on pro bono.

 

[RBean]

C3D, I sent you an IM, I think. If I didn't do it correctly, you can see my contact info on the documents attached to my earlier post.

 

[C3D]

I found it, thank you. I will give you a ring tomorrow. Would 11:30am be convenient?

 

[RBean]

11:30am will be fine. Call on my cell.

 

[RBean]

Report on the Napolitano case. This is the man who had his pistol license suspended and then prohibited possession of long guns because his pistol license was suspended. An Order of Protection was vacated but Nassau police keep the prohibitions in place. Then he had multiple threats to his life by a convicted criminal and drug user/dealer. We filed a Motion for Preliminary Injunction demanding at least a hearing. Judge Feuerstein sent to Magistrate Tomlinson for a Report and Recommendation. The Magistrate found he had convincingly shown a constitutional violation, had proved risk of irreparable harm and then denied the Injunction because he had not shown he would win on the merits with the Second Circuit jurisprudence as it is. She found "there is no right to possess a handgun in your home for self-defense in New York. She didn't explain how this Supreme Court case that was applied to the entire nation by McDonald does not apply to NY. (as we suspected, maybe NY is not in the United States). We have filed our objections to this Recommendation with the District Judge as a prerequisite to filing an appeal to the Second Circuit. Attached are some of the documents. My client could use some monetary help. He is fighting for all of us.

 

[TheMoneyPit]

She found "there is no right to possess a handgun in your home for self-defense in New York.

Apparently that whole “Shall not be infringed” part of the constitution wasn’t taught in her law degree...absolutely infuriating.

 

[M_F]

Apparently that whole “Shall not be infringed” part of the constitution wasn’t taught in her law degree...absolutely infuriating.

That judge deserves to be hung for treason.

 

[RBean]

An update on Napolitano. In order to be able to appeal the case we had to file our objection to the Recommendation with the District Judge. A copy is attached. Even the 2nd Cir. recognizes that you have a right to possess a handgun in the home, even stated that it is "core of 2nd Amendment fight" and implied that strict scrutiny applies to rule, policies, statutes that affect the "core right." Kachalsky. So I think we have a good chance.

The Defendants must have thought so. They never filed a Response to our Objection, instead earlier this week they reinstated Napolitano's pistol license and he has all his guns back. What that did was knock the props out from under our Motion for Preliminary Injunction. The beauty of a preliminary injunction is a quick (relatively as litigation goes) decision and the right to an immediate appeal if you loose. But to have the injunction you must show risk of irreparable harm as a result of unconstitutional state action. In this case they totally disarmed him when his life was threatened, so we had grounds for the injunction. Not any more. He is no longer unarmed in his home.

The unconstitutional policies and statutes are still in effect, so we will continue with the case, do some discovery and file a Motion for Summary Judgment. There is no real dispute regarding the facts in this case. That will delay things for at least a year.

That is how it goes. The state (county) takes his rights with a signature, no due process, no hearings, that cost them nothing. He spends over $10,000 on litigation, when he is about to win they sign another paper at no cost to them to give him back what they should have never taken.

 

[GOPerfect]

Glad, at least, he got his property back. Shame he got it all back in the way posted.

 

[Jmac00]

ok, great. Now can you sue the state/county/Chief of Police for legal fees and court costs?

 

[RBean]

The civil rights act under which we have sued allows for recovery of attorneys fees and cost if we win. That is one reason the case will continue.

 

[Rethin]

Glad to hear you are continuing.

 

[RBean]

We finally got a decision on the Weinstein case. If you will recall, the plaintiff is a former FDNY paramedic injured on 9-11. He wife called the cops and said he threatened son with a gun. He didn't, no arrest or order of protection. Cops took all his guns and kept them until after we filed suit. The decision is attached. For those of you who don't want to have to wade through the whole thing, the Court held:

1. His second amendment rights were not violated because he could still buy long guns;
2. The police dept. policies (OPS 10023) do not provide constitutional "due process." His 14th Amendment rights were violated because the County did not provide a "prompt post deprivation" hearing. (this is important as if allows us to recover attorneys' fees and cost from the County).
3. PL 400 is not unconstitutional. You are not entitled to a "prompt post deprivation" hearing for a revocation or suspension of a pistol license because you don't have a right to possess a pistol in NY. Possession is a privilege and not a right. (this provides a clear cut question to take up on appeal. We expect to lose at the 2nd but then appeal to the Supreme Court).
4. There is a fact issue as to whether the search and seizure was "reasonable" under the 4th amendment.
5. The case was sent to the magistrate for a hearing (trial) on damages.

So this is the same old "lets pretend that the Heller and McDonald cases never happened that we get in New York courts.

 

[Catskillkid]

Thank you for the update. Please let us know if there's a need/way to give donations. I'd like to see this get to SCOTUS.

 

[Camaro45th]

We finally got a decision on the Weinstein case. If you will recall, the plaintiff is a former FDNY paramedic injured on 9-11. He wife called the cops and said he threatened son with a gun. He didn't, no arrest or order of protection. Cops took all his guns and kept them until after we filed suit. The decision is attached. For those of you who don't want to have to wade through the whole thing, the Court held:

1. His second amendment rights were not violated because he could still buy long guns;
2. The police dept. policies (OPS 10023) do not provide constitutional "due process." His 14th Amendment rights were violated because the County did not provide a "prompt post deprivation" hearing. (this is important as if allows us to recover attorneys' fees and cost from the County).
3. PL 400 is not unconstitutional. You are not entitled to a "prompt post deprivation" hearing for a revocation or suspension of a pistol license because you don't have a right to possess a pistol in NY. Possession is a privilege and not a right. (this provides a clear cut question to take up on appeal. We expect to lose at the 2nd but then appeal to the Supreme Court).
4. There is a fact issue as to whether the search and seizure was "reasonable" under the 4th amendment.
5. The case was sent to the magistrate for a hearing (trial) on damages.

So this is the same old "lets pretend that the Heller and McDonald cases never happened that we get in New York courts.

These friggin people have no clue wtf they are doing.

I’m not glad to hear it’s still going but glad you haven’t given up the fight.

 

[Edwardteach72]

Thanks for this update. Weirdly enough it seems like a lot going on lately here in New York and hard to keep up what and when is happening

 

[Jmac00]

I simply moved most of my guns out of New Yorkistan. Im not taking any chances with NY judicial system. Fall of 2021 will be my last in New Yorkistan. I cant wait to GTF outa here

 

[gun_slinger_boy]

I simply moved most of my guns out of New Yorkistan. Im not taking any chances with NY judicial system. Fall of 2021 will be my last in New Yorkistan. I cant wait to GTF outa here

Congrats.

 

[RBean]

We got a decision on the Carroll case. If you will recall, this is a case where Carroll called the police to report a stolen gun, and they came and stole the rest of his guns. This case involved long guns only. The court found that the County's policies and lack of a "prompt post deprivation hearing" denied Carroll's right to "due process" under the 14th Amendment. Also denied the County's cross motion finding that Carroll can litigate his 4th Amendment claim of unreasonable search and seizure and finding County was liable for money damages. Forwarded the case to the Magistrate for a trial on damages. Decision attached. Seems like we are getting a few minor victories around the edges but not on the big dogs, PL 400 and the (Un)SAFE Act.

 

[GOPerfect]

We got a decision on the Carroll case. If you will recall, this is a case where Carroll called the police to report a stolen gun, and they came and stole the rest of his guns. This case involved long guns only. The court found that the County's policies and lack of a "prompt post deprivation hearing" denied Carroll's right to "due process" under the 14th Amendment. Also denied the County's cross motion finding that Carroll can litigate his 4th Amendment claim of unreasonable search and seizure and finding County was liable for money damages. Forwarded the case to the Magistrate for a trial on damages. Decision attached. Seems like we are getting a few minor victories around the edges but not on the big dogs, PL 400 and the (Un)SAFE Act.

Baby steps. Keep up the great work.

 

[Edwardteach72]

We got a decision on the Carroll case. If you will recall, this is a case where Carroll called the police to report a stolen gun, and they came and stole the rest of his guns. This case involved long guns only. The court found that the County's policies and lack of a "prompt post deprivation hearing" denied Carroll's right to "due process" under the 14th Amendment. Also denied the County's cross motion finding that Carroll can litigate his 4th Amendment claim of unreasonable search and seizure and finding County was liable for money damages. Forwarded the case to the Magistrate for a trial on damages. Decision attached. Seems like we are getting a few minor victories around the edges but not on the big dogs, PL 400 and the (Un)SAFE Act.

Awesome to hear. A win is a win, especially in NY

 

[RBean]

We are getting ready to appeal decisions that hold there is "no right to possess a pistol" even in the home. This is totally contrary to Heller. This is to the benefit of all gun owners in NY. But we will need financial help. Can you folks please help spread to word. There is a link to the GoFundMe in page one of this thread.

 

[Edwardteach72]

We are getting ready to appeal decisions that hold there is "no right to possess a pistol" even in the home. This is totally contrary to Heller. This is to the benefit of all gun owners in NY. But we will need financial help. Can you folks please help spread to word. There is a link to the GoFundMe in page one of this thread.

About to share the hell out of the go fund me link now. Just double checking that this is the correct link.

 

[ManrisFrack]

Just put in again. I think this is a much better way to fight than contributing to the NRA and possibly even better than giving to the others like GOA and SAF.

 

[RBean]

Think you so much for the help. I'm not much on generating publicity. Is there anyone on here that is? Can we get more exposure? Legally the case is simple. There either is or there is not a right to possess a pistol in the home. There is not much room to split hairs and find a way around Heller, except to pretend it does not exist. We need to get the word out that we need financial help. When these cases go up we will be facing all kinds of opposition and amicus briefs from all the wacko gun control organizations. So far NO HELP at all from the state or national gun rights organizations. WE NEED HELP.