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We have a place in Florida where we hope to retire. With the impending hurricane and possible loss of house and almost all belongings we reconsidered our plans. We lived in the Saratoga Springs area in upstate for six years. Liked it there and know people there. Considered moving back, except...

So we give the Republicans control of the presidency, the house and the senate and what do we get, the middle finger.

I don't know if this will happen or not. But if it does it needs to apply to everyone. Period. From the assistant dog catcher, congress the the president. Military except in time of war serving overseas, cops, firefighters etc. Nobody gets special treatment. Right now we as tax payers are paying...

No wonder we couldn't get any help from SCOPE on our Long Island Gun cases. We filed our Motion for Summary Judgment in Weinstein v. Krumpter yesterday. Our Memorandum of Law in Support is posted on the Long Island Gun Case thread.

Yes it is very frustrating. The opposition will be "this is the way we do it" and "what is he bitching about, we gave him his guns back".

We filed our Motion for Summary Judgment yesterday in Weinstein v. Krumpter. Attached, hopefully is the Memorandum of Law in Support of our motion. Seems clear to me, but what do I know? There are multiple cases that say a person's whose property has been taken is entitled to a "prompt post...

We have requested a pre-motion conference with the Court which is the first step in filing a Motion for Summary Judgment. The County has filed their letter basically saying the Pistol License Section did their normal thing which is authorized by NY Law. To re-enterate, Plaintiff's sister filed...

The southern states just wanted to be left alone. Slavery was not the only problem. The northern states had federal tax law fashioned so it aided the industrial north and harmed the agricultural south. Just like the rest of the country (except for the "progressive" states, the other states...

And NY Politicians wonder why anyone would want "National Reciprocity". They don't have a clue what the rest of the country thinks about them nor how Hilary lost. Why, because the rest of the country does not want to be like NY.

We had the last depositions in these cases today. I've been preparing Motions for Summary Judgment. Weinstein's is due Sept 18, 2017. Then Cusumano and finally Carroll. All three attack lack of due process. Cusumano and Weinstein attack PL400 as unconstitutional. Judge Spatt is hearing Weinstein...

The Second Circuit shot this down in the Kachalshy (I'm not sure of spelling w/o looking it up) out of Westchester Co. attacking NY's may issue. Supreme Court refused to grant writ. Right now the D.C. and 7th Circuits have recognized that the 2nd Amendment applies out side the home. The 2nd, 4th...

In the Panzella case the sheriff's office just plainly wouldn't return the guns or hold a hearing. At least the 2nd Circuit adopted the Razzano decision. Weinstein and Carroll are different in that the NCPD has a "procedure". But they don't give the owner notice of the procedure, it can take...

In most other states this BS would never happen. Carroll calls the police to report a stolen gun and they come and steel the rest and won't return them. So he goes out and buy other to replace the ones stolen by police. Does not further public safety, just theft.

Here is a decision of the 2nd Circuit in the Panzella case. Basically says the sheriff's office has to provide a "prompt post deprivation hearing" as per Razzano. The County will try to distinguish this in Weinstein and Carroll because of the BS OPS 10023 which they claim provides due process...

We had depositions in the Cusumano and Carroll cases today. Didn't learn much we didn't know, except County writes one thing and does another. More denial of due process. Timpano and Cappy depositions (pistol license office) in Cusumano still need to be taken, then we are done with discovery...

So I moved to Florida. I think our two votes put Trump over the top there. Actually wife wanted to move to FL. I just wanted to move elsewhere. But FL is ok. Sort of HOT in the summer. So go to the range early. Only problem is I still have some cases left in NY and have to keep going back to...

Well, I wondered why this bill was going nowhere with over 200 sponsors. I hope this is not true and there are other reasons for lack of progress. Like maybe the healthcare bill, in which the Republicans are trying to do the impossible. We will see. If it does not get done now, it never will...

I've got three gun cases going now in NY. I'll say this, we are doing them on a shoestring. No help at all from NRA, SCOPE, NYSRPA etc. Now on this case, I predict the Supreme Court will not grant Cert. Next, if they do they won't reverse, because Florida is "shall issue". They will say that...

Cases are explained here: Long Island Gun Cases

The problem with NY is they consider all of NY out side your home to be a "sensitive area" where they can ban guns. I didn't know New Yorkers were so sensitive. I read the Yale Law Review article. I agree with what was said. Can't figure a way to use it in my cases. Goes back to what I said...

My review of Heller in prep of Motion for Summary Judgment leads me to believe that according to the majority there is a right to carry outside the home. But probably only open carry. All the Court would have to do is make the PL section that makes it illegal to carry a pistol unconstitutional...

I'm glad you mentioned that some of us are doing something. I have three gun cases going in Federal Court on Long Island. We are operating on a shoe string and the "gun rights" organizations have been ZERO help. In money, time, legal expertise - nothing. I thank they believe NY is a lost cause...

If such a case is taken, and ruled our way, or if concealed carry rest. law passed and states refuse to follow, actually, US Justice Dept. could step in and prosecute official for civil rights violations. An Obama Administration never would, but US Atty Gen. Jeff Sessions might.

A court issues an order directing some one to do or not do something. That order is served on the persons so directed. If they don't follow the order, the other side in the litigation can file a Motion to hold the persons so ordered, in contempt of court. The motion is served on the person...

The Supreme Court can enforce its rulings if it will. It doesn't. It could have taken Kalchulsky (2nd cir) or Peruta (9th cir) or the case from the 4th. But they didn't. Even when Scalia was still on the bench. Kennedy may have some regrets re Heller and McDonald, so the other don't want to take...

Here is what Heller says on the subject: ". . . we find that they guarantee the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment. We look to this because it has always been widely...

Thanks for the help. We have three more depositions to take in Carroll and Cusumano. In Weinstein and Cusumano I will be claiming (amoung other things) that PL 265 and PL 400 are unconstitutional. First PL 265 makes it illegal to exercise a constitutional right without a license, then PL 400...

That is why I am probably wasting my time on these cases.

So I looked it over. Just a columns of numbers to me. So what does it mean? This is why I ask. I'm attacking PL 265 and 400 as unconstitutional. 265 make is illegal to exercise a constitutional right (possess a handgun) without a license, then give the licensing officer the power to grant or...

It is not that Heller is not worth anything, I've spent time reading and analyzing Heller and McDonald in preparing Motions for Summary Judgments in Weinstein and Cusumano cases, it is that the lower courts ignore the decisions. Until the Supreme Court starts enforcing those opinions by taking...

In most states the legislature has the power to enact rules and regulations of the Courts. I don't see how this is unconstitutional. The judge just does not like this rule. What do you think a defendant's chance is in his court on a Stand Your Ground hearing?

All of the above is true but all the "tort reform", management reform etc is not going to make medical care less expensive. Also the Republican's job on "health ins. reform" is mission impossible. If your goal is most people covered, pre-existing covered and cheap insurance and market based...

I have found studies by the Center of Decease Control, no less, that say they can find no correlation between gun control laws and crime rates. So under strict scrutiny the gov't can't prove that it's scheme is the least restrictive means to achieve it's goal since it can't be proven to have...

Hello guys (and gails), I need some help. Not even asking for money although that would help. I'm working on Motion for Summary Judgement in Weinstein. Part of the Motion attacks PL 400 as unconstitutional. Under Strict or Intermediate Scrutiny the law must be either narrowly tailored as...

Yah, I was moving from PA to FL. Movers took most of the stuff but I was pulling a U-Haul trailer with the Jeep Cherokee. In the trailer were all my guns (30), ammo (thousands of rounds) reloading supplies (powder etc) and equipment. South bound on I-81. Too far to go around Maryland. Everything...

I've been communicating with Alan Gura, attorney who won the Heller and McDonald decisions in the Supreme Court. He seems to be willing to come in on these cases in the event of an appeal. This is a great relief to me because the County seems to appeal every gun case it loses.

Oh, but officer, I'm not carrying under my NY permit with limitations, but my Florida permit without limitations. If you arrest me or have my NY permit revoked, I'll sue you, your chief, the mayor, the governor my licensing officer under this new Federal Law which give me the power to do so. So...

There are a lot of questions and unknowns here. If passed, NY State Officials will fight it any way they can. I get that. There will probably be revocations, Federal lawsuits etc for years. Do you think it would be any difference if the Supreme Court took and decided the case in our favor. The...

He could revoke your permit. In NY the licensing officer can do anything he wants. That is why I think PL 400 is unconstitutional. It would be in violation of you constitutional rights under Heller (although the never stopped a NY official). It would be arbitrary and capricious even under NY...

freddy, thinks. Unfortunately litigation runs on MONEY. I've not collected one dime in attorneys' fees. Only asking for help with expenses. My clients and I cannot carry this burden on our own. If you live in NY you should donate here as opposed to SCOPE, NYSRPA, etc as they have been for the...

Also the bill has provisions to sue state officials who disregard the law and arrest people any way.

The Supreme Court is always a wild card. You never know. But republicans have control of the Presidency and Congress. HR 38 was filed Jan. 3, 2017. It needs to be passed NOW. If not now, when? And yes, it would allow New Yorkers to carry in NY on out of state licenses. (a) In...

We took depositions in Carroll. Learned nothing we didn't already know. Depositions set in Cusumano. I'm working on our Motion for Summary Judgment in Weinstein. We are out of money again because to the deposition cost. We could sure use some help, either money or legal help but it looks like we...

We need two more funerals or retirements at the Supreme Court. Meanwhile, back in the trenches, we took two depositions in the Carroll case. Learned nothing new. Cops were just "following orders" or policy when they took Carroll's guns. No "due process" hearing. Depositions scheduled in the...

Just an update. The deadlines for Motions for Summary Judgment in Weinstein have been pushed back at the request of the County. In Carroll, case where young man calls police to report a stolen gun, and they came and stole the rest of his guns. depositions are scheduled for this Monday. In...

Don't know Tresmonds personally, but I do know from experience of handling three firearm civil rights cases in Federal Court on Long Island, that the deck is stacked against you. What seems obvious to us in the Heller and McDonald decisions seems to elude many others including county attorneys...

The text says " . . . and who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm . . . may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or...

Depositions are testimony taken under oath and out of court, usually before trial. Court reporters take the testimony and transcribe. They charge for their services. That is what it usually cost, depending on length of the deposition. Depositions are not public record unless filed of record as...

Answer is that Cusumano and Weinstein allege that PL 400 (pistol license) is unconstitutional. Otherwise they attack Nassau County's policy of not providing post deprivation hearings after gun confiscations in domestic incident cases, which is also related to the total discretion of the pistol...

We had a Pre-Motion Conference Tuesday before Judge Spatt in Chambers. I had not met Judge Spatt before. Both sides anticipate filing Motions for Summary Judgments. The County to have the whole case dismissed (no violations of civil rights) and mine (denial of due process). My opinion of Judge...