Giambalvo v Suffolk County

[camper4lyfe]

I don't want to muddy up the TRO thread, so I'm starting a new thread.

The filing: https://storage.courtlistener.com/recap/gov.uscourts.nyed.484224/gov.uscourts.nyed.484224.27.14.pdf

I came across this filing on Reddit, and what appears to be the challenge of several things, including Suffolk County taking 2-3 YEARS to process a CCW.

A couple tidbits from it:

Dr. McGregor intends to carry his handgun concealed on his person and in public for selfdefense outside of the unconstitutionally imposed restrictions of his ‘sportsman’ license. [McGregor Dec. at ¶ 26]. Dr. McGregor faces a credible threat of arrest by SCPD and NYSP for carrying a handgun outside of his license restriction, but he should not have to choose between engaging in protected conduct or facing arrest

And my favorite part, that I've been pointing to since the CCIA came about:

It is SCPD policy to arrest any unlicensed person who engages in the live-fire component of the 18-hour training course. This policy was communicated to Mr. Melloni from the head of the SCPD Licensing Bureau, Lt. Michael Komorowski, who informed that SCPD will “arrest anybody who handles a pistol or revolver without a New York State pistol permit” and is “not honoring” the exemption outlined in Penal Law § 265.20(3-a). [Melloni Dec. at ¶¶ 11-12]. Zachary Giambalvo has concrete plans to attend an 18-hour training course offered by RFI and taught by Frank Melloni in December 2022, including the 2-hour live-fire component. [Giambalvo Dec. at ¶ 18]. Mr. Melloni has concrete plans to instruct Mr. Giambalvo on the livefire portion of the training in his December 2022 course. [Melloni Dec. at ¶ 18]. Both Mr. Case 2:22-cv-04778-GRB-ST Document 27-14 Filed 12/11/22 Page 25 of 32 PageID #: 283 19

Giambalvo and Mr. Melloni face a credible threat of arrest by Suffolk County police officers. [Giambalvo at ¶ 19; Melloni at ¶¶ 17-20]. Being arrested, fingerprinted, and incarcerated would be an irreparable injury and no plaintiff is required to undergo an arrest before being provided with relief. See, e.g., Cayuga Nation, at 331. Under Babbitt, being threatened with prosecution is not a requirement; it is sufficient for a plaintiff to allege that enforcement is likely[\quote]

 

[Jsmegs77]

This is the inherent problem with “training requirements” in states which require a permit for possession, and I’m quite certain we all saw this coming.

1. Require permit for possession
2. Arrest or threaten anyone touching a handgun sans permit, even under training circumstances to obtain said permit.
3. Require trainers to be arbitrarily certified, then deny or delay in perpetuity such certification.

Ding. You have now created a stagnant class of license holders which will shrink as people relocate or die off. Since the training debacle has created an inoperable condition, no new license holders can be added, apart from political favors or bribery.

By design, all of it. But, it counts on compliance, and as a citizenry spawned of rebellion against overreaching authority, we have become so compliant our forefathers would disown us.

 

[Saltwater60]

This is the inherent problem with “training requirements” in states which require a permit for possession, and I’m quite certain we all saw this coming.

1. Require permit for possession
2. Arrest or threaten anyone touching a handgun sans permit, even under training circumstances to obtain said permit.
3. Require trainers to be arbitrarily certified, then deny or delay in perpetuity such certification.

Ding. You have now created a stagnant class of license holders which will shrink as people relocate or die off. Since the training debacle has created an inoperable condition, no new license holders can be added, apart from political favors or bribery.

By design, all of it. But, it counts on compliance, and as a citizenry spawned of rebellion against overreaching authority, we have become so compliant our forefathers would disown us.

As stated in the filing there is an exemption for this. A local trainer is using simulated guns and the powers that be are allowing that.
Also I think the sportsmens thing will be mooted because you can now get a CCW but it seems this county is t allowing them so maybe you can’t.

 

[Grimscale]

A local trainer is using simulated guns and the powers that be are allowing that.

Which any reasonable person would agree is "arbitrary and capricious".

This whole criminal scheme needs to go, and the perpetrators, each and every one of them, need to be arrested, convicted, and imprisoned (preferably for life).

 

[That_FNG]

Can you imagine if this case made it to Supreme Court and the supreme court ruled on a definitive time frame like “from start of application submission to approval can not be more that 1 week or 1 month” ? All these states that like to drag their feet would be throwing temper tantrums

 

[camper4lyfe]

Can you imagine if this case made it to Supreme Court and the supreme court ruled on a definitive time frame like “from start of application submission to approval can not be more that 1 week or 1 month” ? All these states that like to drag their feet would be throwing temper tantrums

I think NY set the standard for temper tantrums with the CCIA

 

[togmaster]

Can you imagine if this case made it to Supreme Court and the supreme court ruled on a definitive time frame like “from start of application submission to approval can not be more that 1 week or 1 month” ? All these states that like to drag their feet would be throwing temper tantrums

Not NY. They would just accept the ruling and go about their business.

 

[Waffles!]

Not NY. They would just accept the ruling and go about their business.

Actually, SCOTUS would need to also rule that applications must be accepted on the day they are submitted, AND that they must be able to walk in and submit them any weekday WITHOUT an having to make an appointment up to 1 to 2 years away... because when it comes to dealing with assholes, you have to spell it out for them.