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New York Litigation - Long Island

61K views 318 replies 79 participants last post by  Onlineweaponstore 
#1 ·
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.
 
#118 ·
We have filed another case against Nassau County regarding another unconstitutional gun case. In this one a you man's mother took one of his guns. When he called the police, they came and took the rest of his guns. Hopefully Ed at Dark Storms Industires will be able to post the complaint. Andrew Carroll v. Krumpter et al, US District Court, Eastern District of NY.
 
#123 ·
Donated and shared on Facebook.
 
#125 ·
Ed, thanks for posting the Complaint in Carroll v. Krumpter. Thanks, each and every one who has donated to this cause. We how have enough to pay for one deposition but we still need help as we anticipate at least 6 or 7 depositions or more.

Also an update, the County has more or less ignored our Motion for a Preliminary Injunction, and since Weinstein's firearms have been returned, I have not pushed it. However, Judge Spatt is now pushing it. He just sent a Docket Text to the defendants that unless they indicate otherwise by April 6, 2015, he will consider the Motion for Preliminary Injunction and the Motion to Amend the Complaint as unopposed. This will get things moving. I'll let you know what happens.
 
#126 ·
#127 ·
An update on Weinstien v. Krumpter. The County has filed their opposition to our Motion for Preliminary Injunction and we have filed our Reply. I've asked Ed at DarkStorm Industries to post the Memo of Law in Support and their Opposition and our Reply. If the judge denies our motion because Weinstein has his guns back we don't loose because we are also requesting a permanent injunction which we could get after the trial. If you read the documents after links to them are posted you will notice that the County is still claiming possession of a hand gun and license is a privilege and totally ignoring Heller and McDonald. Don't know when the decision will come down or if the judge will order an oral argument. We will see.
 
#137 ·
If you read the documents after links to them are posted you will notice that the County is still claiming possession of a hand gun and license is a privilege and totally ignoring Heller and McDonald. Don't know when the decision will come down or if the judge will order an oral argument. We will see.
Amen brother! Possession of a handgun in the home has been determined to be a core fundamental right. You are born with your rights, you are not born with a NYS handgun permit.
 
#129 ·
Too bad you can't sue the police officers individually for the violations of civil rights, and willfully obeying an unconstitutional order. That would have a chilling effect on these happenings.
 
#130 ·
You cant??? Why not? (Other than filing fees)

An unconstitutional taking would be theft and considering the facts in this case a strongarm robbery.

I know the supreme courts have already ruled that resisting an unconstitutional arrest is ok because the police are commiting an assault. (Sorry forget the case name) And I wouldnt be surprised if the same can be found for taking/thefts.

Ussually officers get off on stuff like this when they made a good faith effort to follow the written law and the legality hasnt been decided yet. So for example, the first officer charged with excessive force using a tazer a cettain way that is dept policy- the court finds it IS unlawful but that cop gets a pass because he was the first one so he didnt have prior notice it was wrong. But that isnt supposed to apply ever again because any other officer going forward is now on notice that it is wrong (theres a legal term for it).

But in THIS case- this isnt the first time. This very same policy was already ruled as wrong in a prior case. (Now, prosecutors not pressing charges to stay friendly with cops is a whole nother issue)

This whole thing is the definition of "color of law"
 
#133 ·
Someone needs to list this thread below in the regular part of this forum. It needs to be explained that this will be litigation for removal of premises permits. People dont take time to read the filings. I have a feeling the donations will increase significantly if they know pl 400 is being attacked to comply with Heller and McDonald.
 
#138 ·
dsdmmat, Just to let you know, we have sued the individual policemen, but they have an indemnity agreement with the County, so in the end it is not the cops or the politicians who pay, but the tax payers. But then it is the tax payers who keep re-electing these people.

I think the "I was just following orders" defense was used at Nuremberg, but not with great success. But that could be different now in NY.

Robert Bean, Esq.
 
#139 ·
dsdmmat, Just to let you know, we have sued the individual policemen, but they have an indemnity agreement with the County, so in the end it is not the cops or the politicians who pay, but the tax payers. But then it is the tax payers who keep re-electing these people.

I think the "I was just following orders" defense was used at Nuremberg, but not with great success. But that could be different now in NY.

Robert Bean, Esq.
Yeah, that is what I meant, too bad they don't have to pay out of their individual pockets, that would stop enforcement of unconstitutional laws faster than you could type the word lawsuit.
 
#140 ·
Mr. Bean,

What exactly are the implications of the state still treating the possession of a handgun as a privilege not a right? Could this suit essentially end NY's unconstitutional permitting scheme or are you trying to make the permitting system more of a "shall issue" kind of deal? Thanks.
 
#145 ·
No word from Judge Spatt on the preliminary injunction. The other judge is Magistrate Tomlinson. Magistrates work under the judge, sort of , and handle discovery matters and so forth. Tomlinson is good and has respect for people's civil rights.

A further undate, the Defendants have been served in the related Carroll case. This is the young man who made the mistake of calling the cops when his mother said she stole one of his guns and sold it. They came and took the rest of his guns. Their Answer is due May 21. The County Attorney called and wanted a 60 extension to "investigate" the matter. We refused and will be filing another Motion for Preliminary Injunction in that case. Also, it has been re-assigned to Judge Spatt, which is a good thing. The cops may have a problem because it looks like one of the guns they took, an AR 15 by DarkStorm has "disappeared" or maybe it was just missed placed.
I'm trying to do what I can, but donations have dried up and we are still $8,500 short of our goal.
 
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