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As a lawyer I can see that this law is fertile grounds for abuse. This ex parte order is issued on "probable cause". A very low legal threshold. The person contesting the seizure must (prove a negative) show he is not a danger by "clear and convincing" evidence. This is a very high threshold...

Here is how it works. Your child tells teacher, "my daddy talked mean to me" (because you found child didn't do home work last week). Teacher asked "does you daddy have any guns?". Child says "yes." SWAT team at your house. "Come out with your hands up". They throw you on the ground on your...

After a person says you talked mean to them and they are scared, your guns are taken on an ex parte order. Then you have your "due process" hearing. It goes something like this. It has been found that you talked mean to your 13 year old niece and did to agree with her joining ANTIFA. Your are...

I think the Russians have been meddling in our politics for a long time. The internet and our divided politics have given them greater opportunities. I think they have agents spurring on the far left to create as much chaos as possible in this country. It has already been established that...

You are right. I less than 50 years you can kiss western Europe goodby as allies. But if the Russians know western Europe is full of muslims, maybe they don't want it any more. Most of eastern Europe, who have more recently experienced tyranny of Russian occupation don't want to replace that...

Yes, this is already the law, except to petitioner has to be a "family member" of some sort, or a person in the household, or maybe one close to the household, or one who is a relative, or wants to be or is a close friend or enemy. Who knows. Anyway, they go to family court, say he/she spoke...

I think this is great. Only good can come from this. The red state demos either vote for Kavanaugh or vote against him and loose their election coming up right after. It is time we have a "2nd Amendment Extremist" (liberal speak for one who follows the constitution) on the court.

I think once Kavanaugh is confirmed it is just a matter of time before NY's Sullivan Act is declared unconstitutional. It just depends on which case gets there first. Under Heller and McDonald it is clearly unconstitutional. All we need is five judges on the Supreme Court who can read and...

Works for me. 2nd Circuit, you need to be looking over your shoulder.

Jim, I read the brief and will probably be stealing some from it. I have four pistol license suspension/denial cases EDNY. Summary judgments are pending in two of them. We have no standing problem as the permits were suspended or denied. We have no immunity problems as the licensing officers in...

Hardiman and Kavanaugh are ok. I have read their opinions in 2nd Amendment cases. I don't know about the others. Supreme Court about 50 years ago said states could not outlaw abortions. The litigation since has been about states trying to regulate away the right to abortions without actually...

I got the Cusumano case filed with the help of Ed at Darkstorm Industry. Thanks Ed. The Complaint is attached. Now that Trump has a new Supreme Court appointment we may be taken seriously. Just need one more retirement party at the court. None of the liberal judges are going to go willingly...

I think any of the judges on Trumps list will be fine. Kennedy was ok on gun cases, but wishy-washy. Other judges not sure so didn't vote to take gun cases. When next judge is appointed, there will be much less uncertainty. This is important for our four Long Island gun cases. We will have much...

DB, you are correct, I probably should have kept my observations to my self. Anyway we will keep on with these cases until we get a decision. I have a quandary as to how these judges are going to write around the Supreme Court decisions and in fact their own decision in order to let the...

Here is the latest gun case, Napolitano v Ryder 18-cv-3607. SOS. Ex parte Temporary Order of Protection vacated, but Nassau Police Department ignores the order and refuses to return pistol license. Also claims that since his pistol license was suspended pursuant to Family Court Act 842, he can't...

We already have this. PO'ed wife, girlfriend, sister, live-in, significant other, etc filed a Petition for Order of Protection. Court issues Ex parte order. (just based on his/her word). Court immediately issues order under FCA 842 suspending pistol license, confiscation of all guns. Family...

Having just returned from a trip to the over there I can say what a totally f____ed place it is. Really crappy ag land. Most barely fit for goats. We should all be glad we don't live there. Short version: The Jew wouldn't be quiet and pay their taxes to Rome. The Romans had enough when the...

Here is an update on what is going on in the Long Island Gun cases. Judge Wexler has died. The good part is Trump will be able to appoint his replacement. The bad news is the Cusumano case was transferred to Judge Azrack. She is an Obama appointee, so I assume very liberal. However, she did rule...

Under the "Safe Act" if the state finds a hint of a mental problem, the guns are taken and there is no "due process". I don't know what finally happened the the man upstate who had his guns taken because a clerk in a "sleep clinic" checked the wrong box on a digital medical form. We have a...

In my law practice in NY I have found this used to "punish" the other. Usually with false statements under oath at the family court to get a ex parte order of protection issued. With that, the guns are confiscated and the pistol license suspended. Now, under the Family Code the respondent is...

Yes that is it. Possession of a pistol has never been recognized as a "right" in NY. United States Supreme Court completely ignored. It will continued to be ignored until the Supreme Court grows some backbone and insists that it's decisions be followed by the lower courts. Even if J. Wexler goes...

We have submited our Motion for Summary Judgment to the Court. Our Memo of Law is attached. Also the County's Memo of Law in Support of their Cross Motion and in Opposition to our Motion, and last our Reply. We can expect a decision in maybe six months. It will be interesting to see what the...

Probably take a legislative change. They will just make the sheriff the licensing officer. Then Judicial Ethics don't apply. The problem is the entire law is unconstitutional. How can a "right" be "suspended or revoked at any time" without any "due process". This issue is pending in Cusumano v...

I agree. Relax. We already have this in NY. This is not something that will work in the Federal Courts, nor are they set up to handle it. It is a local issue. I don't have a problem with trying to prevent nut cases from having guns, I just believe that any legislation pay careful attention to...

I read the opinion and it looks like the judge did everything he could to find the unconstitutional law "constitutional". He knows the Second Circuit will not reverse and the Supreme Court will not accept a Second Amendment case. We have filed our Motion for Summary Judgment in Cusumano in the...

This is an update. We have filed our Motion for Summary Judgment in the Carroll v. Nassau County case. The county is still dicking him around. He still does not have his guns back.

This is what the Cusumano v. Krumpter et al case is about. The unlimited authority to grant, deny, limit, suspend, revoke a pistol license in unconstitutional. You can't have a government official granting or denying on an ad hoc basis what is suppose to be an individual, fundamental, enumerated...

Yes, all you say is correct. No chance on fixing that. The Supreme Court out lawed the total ban on handguns in DC but let the licensing scheme stand.

Thank all of you for your donations. It is appreciated and badly needed. You are the very few helping to fight this battle. To answer some of your questions, Judge Wexler has said "no more extensions". We are attacking the licensing officer's unlimited discretion to do what every he wants...

MFC, Thanks. We need all the help we can get. Alan Gura may come in and help at the appellate level. We will see.

Fortunately the Cusumano case is before Judge Wexler. We have already served our motion for summary judgment challenging the Sullivan Law. The County got an extension to file their opposition and cross-motion. In their pre-motion conference letter they trotted out the NY law to defend what the...

In Nassau County it is all spelled out in writing OPS 10023 and 10026. It also says the Domestic Liaison Officer is suppose to investigation and return guns as soon as possible. Only thing is they don't investigation and its never possible. Discovery showed in a two year period, they had 124 gun...

Nassau County confiscates all guns in house any time there is a "domestic incident". They define a domestic incident as any disagreement between member of house hold or family with a police presence. I have two cases in Federal Court now. Because the don't have any hearing afterwards to...

We had a Pre-Motion Conference in the Carroll case. That is the one where a young man called police to report a stolen gun, and they came and stole the rest. I appeared before Judge Spatt about a year ago. Even though he was in his nineties he was sharpe and knowledgable about the law and cases...

But Jones says he supports the 2nd Amendment. Says he is in favor of Concealed Reciprocity. He is from Alabama. It could be true. But he is also a Democrat, so he could be lying. Wouldn't surprise me. He is a two years senator at most. Hopefully the Republic primary voter won't screw up so bad...

I've rarely heard so many lies and so much misinformation at one time as from the demos in the meeting. You would think that the only people NY prohibits from concealed carry is criminals and all HB 38 does is allows criminals to carry guns. It is not mentioned that no matter how spotless your...

Don't know about "assault weapons". Don't think HR38 applies. I moved to Florida and now that I can use a scope have started shooting service rifle matches. I have friends in NY inviting me to visit upstate to shoot high power this summer when it is too hot in FL to get in a shooting jacket. But...

Well, it passed out of commity today. It will probably pass the house and get stalled in the Senate, unless it is attached to something the Dems really want.

Nothing new here. In Nassau County they don't even require a Court Order to take you guns. Just a domestic incident. That is any argument in the household where police arrive, no matter who called them. Our three cases in federal court are going forward with Motions for Summary Judgment filed...

If it had been any of us instead of Clinton, we would have been locked up a long time ago. Corruption, corruption and more corruption. The Clintons, Obama, Mueller, Commey. It just goes on and on. If Mueller is not a part of this, if he is suppose to investigate "Russia Collusion" there it is...

We served our Motion for Summary Judgement on the County today. County has 30 days to file their opposition and cross-motion.

What aggravates me it the RINOs are going give away bump stocks (no great loss in my opinion) but are getting nothing in return. Most important is National Reciprocity, then suppressors. You can work around suppressors, (ear plugs and ear muffs), can't work around liberal disarmament state...

Ok, so they want to outlaw "bump stocks". I tried one a friend had. Have to hold gun loose. It works but no accuracy. (unless you are shooting at a group of 22,000 people). But if you are going to do it, get something in return for it, like the suppressor bill and national cc reciprocity. Don't...

That is what happened in Illinois when they lost in the 7th Circuit and state's "no carry" law was stuck down. They didn't appeal to the Supreme Court. If a state law is held unconsititutional and the state appeals the Court is much more likely to grant cert than if the law is found...

I'm shocked, simply shocked. And delighted. Maybe there is some hope. Unfortunately NY is in the 2nd Circuit, which has never seen or even imagined a gun law that was unconstitutional. The state of NY does not recognized Heller decision at all. Heller says possession of a pistol is a right, but...

I also have the suspension letter to prove it. Can't post. Atty Client privilege. This was a couple of years ago. He violated their "rules" and limitations on his license. He eventually got his license back so we didn't sue.

My Client said he did and the officer admitted it.

The pistol license officers are complete power hungry assholes and the state law allows it. Remember in NY its a "privilege" not a right to possess a pistol. Never mind that this is completely contrary to Heller v D.C. But that is a decision of the United States Supreme Court. Only applies in...

Here is how it worked in Suffolk County. The pistol license section demanded a licensee bring all his guns it to be checked. He lived a long way from the station, but worked nearby. So he took all his pistols to work and left locked in the trunk of his car. He then took to station at his...

I agree. If we get medicare for everyone that means "everyone". No body gets any extras at tax payer expense, period. Gov't employees from assistant dog catcher to president, including first responders, police, firemen, military, veterans etc. After all, when we add all medicare, medicaid...