Long Island Gun Cases

[RBean]

I made it over to this new site. Most are familiar with my prior thread on that other site. For those that aren't, I'm an attorney with three gun cases going on in Federal Court on Long Island, all against Nassau County.

As a general update:

Weinstein: This is a case where the wife of a disabled NYFD para med (injured on 9-11) made a mistaken 911 call, resulting in $100,000 worth of guns being confiscated by Nassau County Police Department. He got his guns back after we filed suit. Discovery has been completed and cross summary judgments will be filed re the constitutionality of Nassau County's lack of "due process".

Carroll: This is the case of a young man living with his mother and grandmother, in grandmother's house. His mother, also living in the house, took one of his guns and said she had sold it. Carroll called the police, and they came and stole the rest (2) of his guns. They still have them. Since then he bought a gun safe and has purchased a couple of more guns to replace the ones stolen by the police. (mother has diagnosed mental problem). Again, no due process.

Cusumano: This is a case where the man's sister filed an ex parte order of protection because he was too slow in handling his parents estate. He was the executor and his sister wanted her money NOW. His pistol license was immediately suspended and his two pistols confiscated. The three days later at a hearing in Family Court the Order of Protections was vacated and the case dismissed. Cusumano immediately notified the Pistol Licensing Division of the dismissal. He provided all that was asked of him and they did nothing. Would not reinstate his license or return his guns. Went on for 14 months while he tried to deal with them himself. Finally we filed suit in Federal Court under the civil rights law. Amazingly, his license was then quickly reinstated and pistols returned. The County Attorney asked if we would dismiss the case, now that he had his guns back. We agreed to do so if they would reimburse him his court cost and attorney's fees. The have refused to do so.

Ok, so that is how it is. Everything Krumpter (commissioner of police) did, suspension of license, six months arbitrary waiting period and then still no action is legal under NY law. We have attacked the Constitutionality of PL 400. The unlimited discretion given to the pistol licensing officer to deny, suspend, revoke or delay a pistol license simply does not comport with the Heller and McDonald decisions holding that the possession of a pistol a right. The lack of due process violates the Razzano decision. We can use all the financial help we can get. I'll contact the various gun rights organizations for legal or financial help, but I'm not holding my breath.

 

[VietnamEraVet]

Hello RBean! Nice to see you here. Please list your address to send a contribution to you, or send me a PM. I need to contribute as I am very happy to see the effort you have put into these cases here in NY.

Or, can I send you money via PayPal?

 

[Airborneguy]

What does "mistaken 911 call" mean exactly?

 

[RBean]

Weinstein and his adult son were having a loud argument re use of washing machine. 'Wife thought she saw him going down stairs with a brown holster and called 911 telling them that he was threatening son with a gun. It was not. It was a brown wash rag or towel. All confirmed later in depositions. But once the dispatcher heard the word "gun" that was it. So it was a "domestic incident" defined by NCPD as an argument between two or more people in the house hold with a police presence. Therefore all guns were confiscated.

 

[RBean]

Here is the link: NY Eastern District 2nd Amendment by Robert Bean - GoFundMe

 

[Acer-m14]

welcome @RBean glad you found us ..

 

[RBean]

Litigation is expensive. We have taken eight depositions in Weinstein and the fund is just about depleted. Your looking at court reporter cost of about $500 to $600 per deposition. Several concerned the "policies of NCPD" re our "Monell" claim. (that is the cops were following orders as directed by PD policy). This makes the County liable for money damages if we win. In Carroll we will need at least three depositions and in Cusumano at least three. I can't wait to take Krumpter's depostion in Cusumano and ask him what he knows about Heller and McDonald. My guess is he will say "nothing". Does not know a thing about the constitutional rights of his "subjects" and cares even less.

I have collected no attorneys fees. Donations go completely for litigation expenses. The clients have all paid in for expenses but none of them or rich. The police rarely abuse rich people.

 

[VietnamEraVet]

$50.00 sent today. Please keep up the good fight.

 

[RBean]

Here is the Complaint if I can get this to work.

 

[FCG LLC]

RBean,

Good work. I will shake a few shillings from the trees as well to send to you. If you could, please PM me your business name and address.

 

[GOPerfect]

RBean, Welcome to our new home. Very glad you made it over. I will be happy to fund a bit myself. Keep up the great work you are doing.

 

[RBean]

My address, phone number and e-mail address are at the end of the above attached Complaint. Cell ph is 484-838-9464. Not looking for more cases like these (unless you are rich), but if you have a concern, please call.

 

[RBean]

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 Spatt has gone up considerably. He told the County that he didn't think they were entitled to a summary judgment and set the case for a "settlement conference" next Tuesday. The main objective of the case has been met. Weinstein got his guns back after we filed the suit and then filed our motion for preliminary injunction. We will see what transpires at the settlement conference. Oh, by the way, Judge Spatt is a gun collector and shooter. Spent time talking about his Trap Door Springfield and how much noise and smoke it puts out and his latest acquisition, Schmitt-Rubin 7.5mm rifle. This may not help us, but at least I am convinced he will be fair, which is all you can ask of a judge.

 

[JosERW]

Do any of these cases have any chance at changing any laws here or are they just seeking relief for your clients?

 

[RBean]

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 licensing officer. Our position is that the discretion of the pistol licensing officer to delay, grant, deny, revoke, limit, suspend a pistol license is unconstitutional under Heller and McDonald. We had another conference with the judge. After the conference the County decided they needed time to come up with some money to try to settle so the conference was adjourned for 60 days. If it is settled, there won't be any decision on the law. Contributions made to pay litigation expenses will be rolled over to apply to the Carroll and Cusumano cases. Really don't know what will happen. If it is not settled, both sides will file Motions for Summary Judgments and we will get a decision on the law one way or the other.

 

[RDN]

Why do Deposition cost $500 to $1,000 (not a lawyer) isn't court doc public info ??

 

[RBean]

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 an exhibit to other filings, such as a Motion for Summary Judgment. The litigation expenses in the Weinstein case, filing fees, service of process and depositions are around $4,000 at this point. My attorneys fees at my regular litigation rate would be close to $45,000. All of which explains why the government officials think they can do what ever they want with out consequences. Most people simply cannot afford litigation unless the lawyer will take the case on a contingent fee. Which is why the insurance companies attack contingent fees and want them outlawed, so injured people can get lawyers.

 

[NY Leatherneck]

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 an exhibit to other filings, such as a Motion for Summary Judgment. The litigation expenses in the Weinstein case, filing fees, service of process and depositions are around $4,000 at this point. My attorneys fees at my regular litigation rate would be close to $45,000. All of which explains why the government officials think they can do what ever they want with out consequences. Most people simply cannot afford litigation unless the lawyer will take the case on a contingent fee. Which is why the insurance companies attack contingent fees and want them outlawed, so injured people can get lawyers.

Keep up the good work counsel!!

 

[RBean]

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 Cusumano, where an order of protection was issued, guns taken and pistol license suspended. Three days later the judge vacated the Order of Protection. Pistol license division would not reinstate license or give guns back. After a year and two months we filed a civil rights suit. Then they gave back guns and license. My client would settle for attorneys' fees and cost, but County won't pay. So we are going forward. County has not complied with discovery rules so we have filed our motion to compel and sent Notices for the depositions of Timpano, the Commander of Pistol Lic. Div, Krumpter, the Commissioner of Police and Pistol Licensing Officer, and Cappy the investigator of the Pistol office so they can explain why it took over a year and a civil rights case to get the pistols and license back. Maybe they are just slow readers. The order vacating the Order of Protection was half a page.

Since the actions of the Pistol Licensing Div. are clearly unconstitutional under Heller, and since PL 400 authorized these unconstitutional acts, the statute is unconstitutional. Seems clear to me, but I'm just an old personal injury lawyer, not a constitutional law specialist.

You would think we could get some help from NYSRPA, SCOPE, NRA. So far none. At least SAF replied to my e-mails. I could use some help here if any of you have any influence with any of these organizations.

 

[RBean]

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 are not getting either from the all powerful "gun lobby".

 

[freddy]

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 are not getting either from the all powerful "gun lobby".

$250 sent.

 

[RBean]

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 most part either useless or at best ineffective in NY. We may prove to be ineffective also, but we have to try.

 

[freddy]

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 most part either useless or at best ineffective in NY. We may prove to be ineffective also, but we have to try.

100%

 

[MikeM]

contribution sent.

 

[RBean]

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.

 

[RBean]

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 possible or at least a close fit to achieve the government objective. I am guessing that other states that don't require a license to possess a pistol have no more criminal use of handguns than NY. Were is this information available. I'm asking because I know some of you keep close tabs on such info. Remember, I don't have much of a staff to do extensive research on this but I would like to include in my brief. Let me know if you can help. E mail me at RBeanlaw@aol.com

 

[RBean]

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 done anything but violate the rights of the people

 

[spat]

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 done anything but violate the rights of the people

Attack the "may issue" part. If the legislature can't enumerate what specific criteria should be used to determine what licenses to grant and what ones to deny, then they can't possibly claim to have even a rational basis for the law, let alone any real level of scrutiny.

To say nothing of the arbitrary and capricious nature of the whole process.

 

[freddy]

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 done anything but violate the rights of the people

Now that is a Freudian slip if I ever heard one! (Even if it was the computer's slip)

 

[RBean]

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. Next step in Cusumano is beginning of process to file Motion for Summary Judgment claiming that PL 400 is unconstitutional. Before judge Wexler. No telling what he might do.