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  1. #1
    Corporal
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    Default New York Litigation - Long Island

    I lived in NY for 16yrs, moved to PA to retire but pulled back into NY law practice. Recently filed suit in Eastern District of New York. A gun owner had all his firearms confiscated by Nassau County Police Dept for having a shouting match with his son. No violence, threats of violence, no brandishing of weapons. Nothing. Violations of 1st, 2nd, 4th, 5th and 14th Amendments. We expect the County to move to dismiss claiming that Penal Law 400 allows them to do all this. If so, we will challenge the unlimited discretion of the licensing officer. I have already been in contact with Allan Gura, the attorney in Heller and McDonald who indicates that at the appropriate time, the Second Amendment Foundation will join in. Couldn't post the Complaint as it is too long. (too many constitutional violations). Oh yes, the plaintiff is a disabled member of the NYFD seriously injured on 9/11.

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    General mrod's Avatar
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    Thanks for posting
    RPD46 “A militia when properly formed are in fact the people themselves… and include all men capable of bearing arms. . . To preserve liberty



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    General Dr. Evil's Avatar
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    I wish you the best. Please keep us updated.
    Long Live NY Extremists FUAC

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    General dsdmmat's Avatar
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    Good luck
    Manus haec inimica tyrannis
    The only cure for the liberal/progressive minded is; to put them into a situation where they have to rely on their own advice and theories to defend themselves.

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    May the force be with you !

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    Good luck!
    Due to the shortage of ammo, I will no longer be firing warning shots!

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    Best to you RBean, God speed!
    Robin

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    Bravo Sir, thank you for letting us know and welcome to NYF!
    SLUT: Subversives, Leftists, Usurpers & Tyrants

    SCOTUS in Heller: "As we said in United States v. Cruikshank, 92 U. S. 542, 553 (1876), “[t]his is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence."

  11. #9
    Sergeant flushermgti's Avatar
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    5 post's since you joined in 2010? Cool story bro. Case number, or it didn't happen.

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    General jmac00's Avatar
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    Quote Originally Posted by flushermgti View Post
    5 post's since you joined in 2010? Cool story bro. Case number, or it didn't happen.
    ya, what Im thinking is we have had other attorney's come on here and brag they were going to do all these wonderful things.........crickets, thats all I hear now is crickets

    when anyone sees some action, wake me up
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  13. #11
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    Quote Originally Posted by RBean View Post
    I lived in NY for 16yrs, moved to PA to retire but pulled back into NY law practice. Recently filed suit in Eastern District of New York. A gun owner had all his firearms confiscated by Nassau County Police Dept for having a shouting match with his son. No violence, threats of violence, no brandishing of weapons. Nothing. Violations of 1st, 2nd, 4th, 5th and 14th Amendments. We expect the County to move to dismiss claiming that Penal Law 400 allows them to do all this. If so, we will challenge the unlimited discretion of the licensing officer. I have already been in contact with Allan Gura, the attorney in Heller and McDonald who indicates that at the appropriate time, the Second Amendment Foundation will join in. Couldn't post the Complaint as it is too long. (too many constitutional violations). Oh yes, the plaintiff is a disabled member of the NYFD seriously injured on 9/11.
    I would very much like to see the complaint. Try hosting it on scribd.com

  14. #12
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    Good luck. I hope this is real and you prevail.

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    May I refer you to SCOPE and the Second Amendment Coalition and attorney Paloma A Campana. She has done a lot of research that you may find useful in presenting your case.
    Common sense does not involve citizen disarmament. Responsible solutions do not disarm the victim pool. And support for the Second Amendment does not advocate for infringements. Get out of my face.

  16. #14
    Major Different Drummer's Avatar
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    "We will challenge the unlimited discretion of the licensing officer". If successful would this possibly extend to the placing of administrative restrictions on pistol permits? I keep hoping for a Case to come along that would free us from this arbitrary and subjective practice by some licensing officers.
    I'm the guy who could catch VD from a virgin.

    "If a man does not keep pace with his companions, perhaps it is because he hears a different drummer. Let him step to the music which he hears, however measured or far away " Thoreau

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    Thank you for taking the time to let us know about your good and just work. We all hope that you prevail against this un-righteous state.
    "You cannot invade the mainland United States. There would be a rifle behind every blade of grass." - Admiral Isoruko Yamamota

  18. #16
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    The case number is CV - 14 - 7210 (ADS) (AKT). Not bragging or promising anything except we will do our best. Would you rather there were no lawyers on your side? An important fact on our side is we drew Judge Spatt who has already ruled that the practice of Nassau County in confiscating guns without a pre or post deprivation hearing procedure violates the due process clause of the 5th and 14th Amendments. Also that Art. 78 procedure does not satisfy due process requirements. Case was Razzano v. County of Nassau, No. 07 - cv- 3983. Reported 765 F. Supp.2d. 176. The plaintiff was awarded $275,000. That case was pre Heller and McDonald. We should be in better shape now although I have found that the NY Courts have pretended that Heller and McDonald never happened. Just like the 2nd Amendment is not in the Constitution.

    The above case has not stopped Nassau County from going ahead and continuing to do the same unconstitutional acts over and over. Therefore we are asking for a permanent injunction and punitive damages.

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    Quote Originally Posted by RBean View Post
    The case number is CV - 14 - 7210 (ADS) (AKT). Not bragging or promising anything except we will do our best. Would you rather there were no lawyers on your side? An important fact on our side is we drew Judge Spatt who has already ruled that the practice of Nassau County in confiscating guns without a pre or post deprivation hearing procedure violates the due process clause of the 5th and 14th Amendments. Also that Art. 78 procedure does not satisfy due process requirements. Case was Razzano v. County of Nassau, No. 07 - cv- 3983. Reported 765 F. Supp.2d. 176. The plaintiff was awarded $275,000. That case was pre Heller and McDonald. We should be in better shape now although I have found that the NY Courts have pretended that Heller and McDonald never happened. Just like the 2nd Amendment is not in the Constitution.

    The above case has not stopped Nassau County from going ahead and continuing to do the same unconstitutional acts over and over. Therefore we are asking for a permanent injunction and punitive damages.
    Do you have the party name?

  20. #18
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    If you win, what will this change in NY? Anything?
    * NRA ENDOWMENT LIFE * GOA LIFE * SAF LIFE * NYSRPA * SCOPE LIFE *

    Without a doubt NY is the most corrupt state in the country. We live in a cesspool. Unfortunately I think the only way to regain your freedom is to move out of this progressive hell hole. FUAC. FUNY.

  21. #19
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    RBean if you are legit GOD BLESS you and your endeavor.

    Take judicial notice of the fact that many on this forum are a bit: jaded, tired, long past peeved, and disenchanted to say the least with the glacially slow pace at which the wheels of justice regarding the gun-related civil rights turn, as well as many of the resulting unjust decisions handed down (nationwide).

    Good luck and thanks for posting.
    Last edited by Burzum; 01-18-2015 at 03:09 PM.
    Member: NRA, Second Amendment Foundation, S.C.O.P.E., The Federalist Society, Judicial Watch

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    General jmac00's Avatar
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    Quote Originally Posted by Burzum View Post
    RBean if you are legit GOD BLESS you and your endeavor.

    Take judicial notice of the fact that many on this forum are a bit: jaded, tired, long past peeved, and disenchanted to say the least with the the glacially slow pace at which the wheels of justice regarding the gun-related civil rights turn, as well as many of the resulting unjust decisions handed down (nationwide).

    Good luck and thanks for posting.
    more importantly, the few times attorneys have come on here said they were going to do something, make promises and we got crap
    Stay low, Go fast
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  23. #21
    Gold Vendor DarkStorm's Avatar
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    Great conversation with Mr. Dean today. Here is a copy of the complaint he has filed.

    http://www.dark-storm.com/images/lif...einvNassau.pdf
    Ed
    Dark Storm Industries, LLC.
    Manufacturer of DS-15 NY SAFE Rifles
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  24. #22
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    Quote Originally Posted by DarkStorm View Post
    Great conversation with Mr. Dean today. Here is a copy of the complaint he has filed.

    http://www.dark-storm.com/images/lif...einvNassau.pdf
    So the complaint says the guns were confiscated based on Department Policy?

  25. #23
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    Thank you for the post, Its scarey to here getting into a verbal argument can get your guns pulled.

    Once again we here "LAW" enforcement using the same foul language, "Department Policy" ... too beat a dead horse, department policy/ procedure is not law and this really needs to be addressed its a virus running ramped through all govt organizations.

  26. #24
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    WOW read the complaint, your as per usual your a criminal if you refuse to readily relinquish your rights. "cooperative citizen" via coercion. You can bet they use the "he volunteered to let us in defense" I would have let them go through with the unlawful arrest before i let them in the house without a warrant.

    Shooting enthusiast, I have no doubt they wanted to divvy up high end competition rifles for department use as soon as they could. And wouldn't be surprised if they are sitting in someones gun safe right now.
    Last edited by Nfngun; 01-17-2015 at 09:42 PM.

  27. #25
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    Thanks Ed for posting the link to the Complaint. I know the judicial system moves VERY SLOW. We do what we can. The "department policy" cited in the Complaint is actually set out in the published Pistol License Handbook. They are so arrogant they actually published this unconstitutional policy. Then again, few courts have slapped them down. We shall see.

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