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  1. #301
    General jmac00's Avatar
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    Quote Originally Posted by RBean View Post
    We didn't have the conference yesterday in Carroll. It was adjourned to Nov. 3. We will see if anything happens to the County besides a "stern talking to".

    do me a favor, when you or your grand kids, finally get to the end of this and you actually get an answer, staple it to my coffin, this litigation, with this corrupt system, will take another 50 years to resolve
    Stay low, Go fast
    kill first, die last
    One shot, one kill
    No Luck, all skill



  2. #302
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    We finally got our discovery in Carroll. Turns out it's just what we said. Man calls police to report a stolen gun and the police came and stole the rest (2) of his guns. The mother, diagnosed and being treated for mental disorders had taken the gun but told police that Carroll had mental problems. The police still have the guns. No post deprivation hearing which could have sorted all this out. Mean while in Weinstein, discovery has been completed and the parties have filed "statements of undisputed facts" in preparation for filing Motions for Summary Judgments.
    Rethin and ken75ranger like this.

  3. #303
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    Quote Originally Posted by RBean View Post
    In Weinstein we collected around $3,500 and it just covered the deposition cost (court reporter). Now discovery is starting up in Carroll. The plaintiff is a young man who works in a warehouse so he is not rich. Same old story, County picking on those who don't have the means to defend themselves (financially I mean). You folks have been great but we are having to come to the well again. If any can help, we desperately need funds for both Carroll and Cusumano. Keep in mind we are challenging the constitutionality of Penal Law 400. I may not be the smartest lawyer around, but I don't see how PL 400 and state cases which say a pistol license is a privilege and therefore the licensing officer has unlimited discretion to dispense or deny a right can comport with the Heller decision in the Supreme Court of the United States which says you have a right to possess a pistol. I'm sure the County Attorney will explain that one to the judge. We will see.

    PLEASE SEE LINK BELOW, HELP IF YOU CAN. THIS IS ONLY FOR EXPENSES. I HAVE COLLECTED NO ATTORNEY'S FEES.

    NY Eastern District 2nd Amendment by Robert Bean - GoFundMe

    Is this gofundme site still active? I just finished reading this entire thread. I can't believe what has been going on.

    Tx

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  5. #304
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    The gofundme is still active. We had a pre-motion conference with the judge trying to get Nassau County to settle. The would not. We now have a briefing schedule for cross motions for summary judgment. This won't be completed until August. Then submitted to the Judge. Basically they are claiming they can take anyone's guns when they want to and their BS - op spec provides due process. We are claiming the gun owner was denied due process, denied a hearing. We will see.

  6. #305
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    Thanks for the update.

  7. #306
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    I'll just stop by to say thanks for all that you've done RBean.

    It seems there are very few people with temerity, or sage legal arguments to pursue some very obvious cases of Second Amendment abuse in New York. The minute any potential challenge arises, they pack up their circus and the have the nerve to walk around with a tin cup.

    I'm wondering what you think of a challenge to the SAFE Act based on the fact it violates the Heller decision, specifically where it references Miller on arms that are "in common use at the time". The Act seems to be constructed as a subterfuge to specifically avoid that clause by naming "features" and then outright banning some of the most popular firearms currently in use based on that list.

    I understand the Western District Circuit Court used a poorly grounded, baseless argument that "public safety" outweighed the Constitution and specifically The Bill of Rights, but that seems very clearly to be a specious argument. The fact this is being decided using a standard less than strict scrutiny also seems to be very questionable.

    Any thoughts?
    "That the People have a right to keep and bear Arms; that a well regulated Militia, including the body of the People capable of bearing Arms, is the proper, natural and safe defence of a free State;"

    - Ratification of the Constitution by the State of New York; July 26, 1788

  8. #307
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    To belatedly answer your question, I think the SAFE act is clearly unconstitutional, but nothing is going to happen absence a funeral or retirement at the Supreme Court. If a District Court in NY were to go our way, the Second Circuit would reverse.

  9. #308
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    An update on the Cusumano case. This is the case where the man's sister filed an ex parte Order of Protection. Pistol license suspended and two pistols taken. Three days later family court judge dismiss case and vacated the Order of Protection. He sent the dismissal Order to the Pistol License Dept and requested his license and guns back. Didn't get them. Waited over a year. No guns and no license. Finally filed Civil Rights suit in Federal Court. After that they issued new license and gave guns back. No harm right? So client says pay my expenses and I'll drop the suit. Would they do that? No. Here is our offer that they rejected.

    Law Office of Robert T. Bean

    3033 Brighton 3rd Street
    Brooklyn, New York 11235
    718-616-1414
    Cell Phone: 484-838-9464 Fax: 718-368-0981 Of Counsel for
    E-Mail: [email protected] Tanya Gendelman, P. C.

    3-27-17

    Carnell T. Foskey
    Nassau County Attorney
    Attn. Ralph Reissman
    Deputy Nassau County Attorney
    One West Street
    Mineola, New York 11566

    Re: Cusumano v. Krumpter et al
    Docket No.: CV 16-4376

    Dear Mr. Reissman,

    The Defendant’s action in failing to return Cusumano’s pistol license and pistols upon the dismissal of the Order of Protection constituted a denial of constitutional rights under the 2nd, 5th and 14th Amendments. The Defendants’ refusal to return Cusumano’s license and pistols for over a year and two month, until after this suit was filed is inexcusable. Since my client now has his license and handguns returned, he is agreeable to a reasonable settlement.

    He is willing to dismiss this case upon the reimbursement of his court cost and attorneys fees. Total attorney’s fee, at this point, is $4,200.00 (for 14 hrs at $300.00 per hour). Total court cost is $400.00 filing fee and $135.00 for service. Total $4,735.00. Had the defendant’s provided a “prompt post deprivation hearing” as required by Razzano, or simply returned his license and pistols, none of this would have been necessary.

    If your client chooses not to settle this matter for cost and attorneys fees it will be necessary to proceed. I point out that your Initial Disclosures are overdue as is your response to plaintiff’s Request for Production of Documents. If these are not received shortly it will be necessary for me to file a Motion to Compel and/or for Sanctions. We will then need to the depositions of Krumpter, Cappy and the head of the Pistol License Division. Plaintiff is available for his deposition should you wish to take same. Since there are few real factual disputes, a 56.1 Statement of Uncontested Facts will be necessary followed by a pre-motion conference and motions for summary judgments. Expenses and court cost will increase exponentially.

    Our claim is that the Plaintiff had a fundamental, enumerated, individual right to possess a handgun, at least in his home. See District of Columbia v. Heller 554 U.S. 570, 128 S. Ct. 2783 (2008).

    In discussing the scope of the right and level of scrutiny the Court stated at 2821 [18]:

    "The very enumeration of the right takes out of the hands of government—even the Third Branch of Government—the power to decide on a case-by-case basis whether the right is really worth insisting upon. A constitutional guarantee subject to future judges' assessments of its usefulness is no constitutional guarantee at all."

    In McDonald v. City of Chicago 561 U.S. 742, 130 S. Ct. 3020 (2010) the Court found that the right to keep and bear arms is fundamental and incorporated that right under the due process clause of the 14th Amendment, stating at 791:

    "In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense . . . We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller."

    It is clear that Cusumano had a constitutional right to his handguns and license. Once the dismissal of the Order of Protection was transmitted to Cappy, any further retention or delay in returning his license and handguns constituted a denial of constitutional rights, requiring at the very least, a “prompt post deprivation hearing” as set forth in Razzano with defendant Krumpter having the burden proof as to why he should continue to retain his license and pistols. It should not have been necessary for Cusumano to file a federal civil rights action to get his license and guns returned.

    Since New York Penal Law 400 gives the licensing officer the power and authority to act just as he did, those portions of PL 400 giving the licensing officer discretion to grant, deny, revoke, delay or suspend any pistol license for any reason he can articulate are of necessity unconstitutional. “A constitutional guarantee subject to [a licensing officer’s whims] is no constitutional guarantee at all.”

    You can avoid this constitutional question merely by reimbursing Cusumano’s expenses, which he should have never had to incur. Otherwise we must immediately move forward on this matter of intentional violations of a citizen’s rights. There are a number of persons and organizations that would like to see this litigation continue. The choice is up to Defendants.


    Sincerely,

    /S/
    Robert T. Bean

    Well, that's it. We filed a Motion to Compel Discovery and issued notices to take the deposition of Cappy, the assigned investigator. It takes him over a year to do a two hour investigation. Krumpter the acting police commissioner who is the official Licensing Officer for Nassau County and Tampano the Commander of the Pistol Licensing Division who enforces these unconstitutional rules of the Commissioner.

    I'm just an old personal injury attorney and not a constitutional law specialist, but it seems so simple to me. NRA, SCOPE, NYRPA have been no help. SAF might be. At least they answered my e-mail. If any of you have any influence with any of these, I could use some help.

  10. #309
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    We had our depositions Monday in Carroll. Didn't learn anything we didn't already know. One more to take then we are through with discovery in Carroll. Depositions are now scheduled in Cusumano this month, so we should be through with discovery in that case. Then it looks like two more Motions for Summary Judgment. No real fact issues, just the issue of whether the US Constitution applies to NY. Maybe we are in a different country so it doesn't apply.

  11. #310
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    Good Luck. Keep us updated.

  12. #311
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    Mr. Bean has asked me to post links to the latest documents in the Cusumano case.

    Motion for Summary Judgement

    Plantiff's Pre-Motion Conference Letters

    The fee this case continue to add up, another $1400 in direct costs for depositions. Hopefully we can get everyone to help out a little, even $10 of $20 will be a huge help. Below is a link to the go fund me page for Mr. Bean's cases

    https://www.gofundme.com/qj9s4k
    Ed
    Dark Storm Industries, LLC.
    Manufacturer of DS-15 NY SAFE Rifles
    www.dark-storm.com

  13. #312
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    Thanks Ed. The pre-motion conference will be scheduled by the Court. We will go from there.

  14. #313
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    Donation sent

  15. #314
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    Quote Originally Posted by M_FC90 View Post
    Donation sent
    Everyone, thank you for your financial help in the firearm litigation in which we are involved. Yesterday we finally filed our Motion for Summary Judgment in Weinstein v. Krumpter et al. Hopefully we will have a link to the document at some point.

  16. #315
    Gold Vendor DarkStorm's Avatar
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    Mr. Bean has asked me to post a copy of the motion for Weinsten v. Krumpter. Here is its.

    http://www.dark-storm.com/images/pro...nstein_MLS.pdf
    Ed
    Dark Storm Industries, LLC.
    Manufacturer of DS-15 NY SAFE Rifles
    www.dark-storm.com

  17. #316
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    New to this site. I love it! I know most people here get fed up with the turtle's pace that the legal system moves. In case anyone wanted an update, I looked up the case, summary judgment motions are in...all responses are due in May, then the waiting game begins for a judge to decide whether to issue judgment or proceed to trial....

  18. #317
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    Any updates? I hope it has gone well?

  19. #318
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    Quote Originally Posted by wowzer View Post
    Any updates? I hope it has gone well?
    Looks like all but the 14th amendment violation claim were dismissed.

    https://law.justia.com/cases/federal...210/364098/83/

  20. #319
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    Post I Was Scammed by An Online Weapon Store! What Should I do?

    Getting scammed has become a bigger issue today than it ever was in the past due to the way we conduct everyday transactions now. Itís much harder to scam somebody using a brick and mortar style of dealing. However, when the customer doesnít know what they have till they have it, is a completely different story. A lot of shady sites out there will present the deal of a lifetime to you and you might even be tempted to buy into them. A classic case in point is Online Weapon Stores of which there is an abundance out there, each trying to undercut the last. Itís because of this huge variety and extremely low prices that we tend to buy into such scams but there are ways to avoid getting scammed online.




    If Itís Too Good to Be True, It Probably is
    Some scams are easier to spot than others. These are the ones that are presenting absurdly low prices for the thing you are looking for. Take, for example, that you found an excellent price for a handgun on an Online Weapon Store but then you see an ad for the same model of handgun but $100 cheaper than what the original site was offering it for. If the original value of the gun is significantly higher than the price the advertised website is offering then it probably is indeed a scam. When presented with a case that you arenít sure could or could not be a scam, itís often best to check the prices with other vendors and see how it stacks up against them. If it proves to be an outlier, then it most likely is a scam.

    Look for Reviews, Check the Sites Reputation
    A lot of Online Weapon Stores are aware that the best way to gain a potential buyers trust is with reviews and thatís why youíll often see that they have cherry-picked reviews on the website to show you how reliable and trustworthy they are. Unfortunately for them, however, there are also independent review websites (like google reviews) that you can use for a better picture of whether a site can be trusted or not. If the average rating of the site is less than or around 3/5 stars then it probably isnít the best place to be purchasing something from. Good websites will have reviews somewhere between 4 and 5 stars and though it may have some criticisms about it, there will mostly be positive reviews to read.

    Return Policy and Payment Methods
    Though reviews can gain the trust of an Online Weapon Store in your eyes, your credit card details arenít something you want stolen during any online transaction. Therefore, it is wise to ensure that a safe payment method is present for transactions for that website. Alternatively, setting up a pin/code verification for online transactions is also another way to add security but having details stolen can be troublesome in itself. Furthermore, what is the websites return policy? Are they going to give cashback? What is the time that they allow you to test the handgun? These are all important questions that you should have the answer to before you buy a gun from a website so that it insures you from a faulty weapon. Perhaps you donít exactly like the feel of the handgun you just purchased, in that case as well you may want a refund. However, in the latter case you may have to pay a small restocking fee.
    Getting scammed has become a bigger issue today than it ever was in the past due to the way we conduct everyday transactions now. Itís much harder to scam somebody using a brick and mortar style of dealing. However, when the customer doesnít know what they have till they have it, is a completely different story. A lot of shady sites out there will present the deal of a lifetime to you and you might even be tempted to buy into them. A classic case in point is Online Weapon Stores of which there is an abundance out there, each trying to undercut the last. Itís because of this huge variety and extremely low prices that we tend to buy into such scams but there are ways to avoid getting scammed online.
    636311638926381294-cjp-3696-1.jpg

    If Itís Too Good to Be True, It Probably is
    Some scams are easier to spot than others. These are the ones that are presenting absurdly low prices for the thing you are looking for. Take, for example, that you found an excellent price for a handgun on an Online Weapon Store but then you see an ad for the same model of handgun but $100 cheaper than what the original site was offering it for. If the original value of the gun is significantly higher than the price the advertised website is offering then it probably is indeed a scam. When presented with a case that you arenít sure could or could not be a scam, itís often best to check the prices with other vendors and see how it stacks up against them. If it proves to be an outlier, then it most likely is a scam.

    Look for Reviews, Check the Sites Reputation
    A lot of Online Weapon Stores are aware that the best way to gain a potential buyers trust is with reviews and thatís why youíll often see that they have cherry-picked reviews on the website to show you how reliable and trustworthy they are. Unfortunately for them, however, there are also independent review websites (like google reviews) that you can use for a better picture of whether a site can be trusted or not. If the average rating of the site is less than or around 3/5 stars then it probably isnít the best place to be purchasing something from. Good websites will have reviews somewhere between 4 and 5 stars and though it may have some criticisms about it, there will mostly be positive reviews to read.

    Return Policy and Payment Methods
    Though reviews can gain the trust of an Online Weapon Store in your eyes, your credit card details arenít something you want stolen during any online transaction. Therefore, it is wise to ensure that a safe payment method is present for transactions for that website. Alternatively, setting up a pin/code verification for online transactions is also another way to add security but having details stolen can be troublesome in itself. Furthermore, what is the websites return policy? Are they going to give cashback? What is the time that they allow you to test the handgun? These are all important questions that you should have the answer to before you buy a gun from a website so that it insures you from a faulty weapon. Perhaps you donít exactly like the feel of the handgun you just purchased, in that case as well you may want a refund. However, in the latter case you may have to pay a small restocking fee.

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