Long Island Gun Cases

[JosERW]

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. It do not because no notice of the procedure is provided at the confiscation, out of 126 confiscations only in 16 were the guns returned and in none was there a "post deprivation hearing," prompt or otherwise. And in Weinstein guns not returned until a year and after suit was filed, and in Carroll, nothing was done until after suit was filed and guns still not returned.

I looked it up on Westlaw and read to decision. Of significance is foot note 9 which state that delay itself can be a denial of 14th Amendment Due Process. I'm glad this came out before I have to file the Motions for Summary Judgment. So the appellate court 2nd Circuit has adopted Razzano. Do I think this will actually change things in Nassau County? No, because none of the big shots or the County have been hit with multi-million dollars in damages, so they will just keep on doing what they have been doing, maybe give a little lip service to Razzano and Panzella.

Court upholds right to due process hearing over seized guns

This is the same court that said Heller allows the state to ban guns and magazines that are in common use by law abiding citizens for lawful purposes and used "Mother Jones" to back it up.

 

[JosERW]

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. Basically a pistol license must be "shall issue" to meet constitutional standards. I posted our brief in Cusumano somewhere above. You can read it to see our argument. Maybe it will work or maybe not. Makes sense to me, but I'm not a Federal Judge in New York.

But at the end of the day, even if you win, you will still need to pay for permission from NYS to touch a handgun in this state? The entire permitting scheme is a deterrent to ownership and prevents me from taking people shooting with my legally owned firearms. Its also a vehicle to steal your firearms upon your death if your family "forgets" to transfer them or if nobody else has a permit to "touch" them.

 

[RBean]

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.

 

[RBean]

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.

 

[VietnamEraVet]

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.

Please keep sticking it to them!

 

[JosERW]

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.

Licensing is one thing. Banning anybody from touching a handgun without a $500 permit is clearly unconstitutional.

 

[RBean]

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 judge will do to keep from finding the unconstitutional law constitutional.

 

[Acer-m14]

awesome page 12 and 13 @RBean in the 19-19 reply .. want to regulate 2A , do it to all the other RIGHTS!!! the same ..

"
to counsel was left up to the “sound discretion” of the judge or even the district attorney as to whether he really “needed an attorney”. Suppose the exercise of one’s religion was left up to the “sound discretion” of the mayor or governor based on whether he subjectively believed that particular religion was acceptable? What if a newspaper publisher had to get approval based on the “sound discretion” of the attorney general before an article could be printed, or a person’s right to vote left up to the “sound discretion” of the voter registrar? What if it was left up to the “sound discretion” of a policeman as to whether a warrantless search could be made or a wire tap placed. Let us further suppose that the officials’ decisions in these matters are accorded deference and will be disturbed by the courts? In none of these cases is it even arguable that such a policy would be constitutional.

"

 

[Acer-m14]

mag capacity .. 10 rounds .. ok when you turn 18 and can vote ,, you can only vote 10 times during your adult life .. but must pass a back ground check and get fingerprinted too and wait a year or 2 .. then have restrictions placed too .. you can only vote at this this location .. 200 miles away .. ( hunting , hiking , target ) you see where i went ..

 

[RBean]

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 our way (he is 93 yrs old) the 2nd Cir. will find a way to reverse. We need at least two more funerals or retirement parties in the Supreme Court asap.

 

[RBean]

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 in favor of the gun owner in Panzella so she may be able to follow the law in spite of her political leanings. Since Weinstein and Carrol cases are pending before Judge Spatt, with the same issue, she is not ruling on our Motions for Summary Judgments until Spatt rules in the related case. This would be a good thing except the last time I appeared before Spatt, he didn't seem real sure what was going on. He is 93 yrs old.

More news: Cusumano's sister filed for an Order of Protection. When it was issued his pistols and license were taken. There days after it was issued, he had a hearing before the family court where the order was vacated. Even though it was vacated Nassau County refused to reissue his license until after we filed our civil rights suit.

He got married and moved with his wife to Suffolk County, which entailed transferring his pistol license to Suffolk. Usually just a formality. However, Suffolk refused his application, sent it back to Nassau. Since he no longer lives in Nassau he had to turn in his pistols and license to Nassau. What do you bet, the cops in Suffolk decided to "jerk him around" because he filed a civil rights suit involving his pistol license. Hard to prove, but there is no other reason for the denial. We will try to talk to them about this and have demanded the "post deprivation hearing" required by Razzano and Panzella cases. If he does not get his license from Suffolk, we will file another civil rights case against them. Their actions were in retaliation for his filing a civil rights case, which is itself a violation of the statute entitling him to actual and putative damages.

 

[RBean]

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 possess any long guns either as long as his pistol license in suspended and it is suspended as long as they like. So now they have given themselves the complete arbitrary authority to completely disarm persons at their discretion with out a hint of "due process".

Two Motions for Summary Judgments are pending. One in Weinstein and one in Cusumano. Don't know when or if we will get a decision, but we probably won't like it.

Anyway, annexed is the Complaint in Napolitano. Not the pdf version, too large mb for this site.

 

[BDinPutnam]

Good luck and godspeed in all you're doing.

With that said, and please dont take this the wrong way, but you might not want to call into question the mental fitness of a judge you may need to appear before, on a public website.

 

[Jmac00]

Good luck and godspeed in all you're doing.

With that said, and please dont take this the wrong way, but you might not want to call into question the mental fitness of a judge you may need to appear before, on a public website.

LOL, in these cases, it's not going to make any difference. These "judges" and "prosecutors" have already made up their mind. RBean is fighting an uphill battle with no hope of reaching the top of the hill.

Im glad he is taking the fight to them, but I don't see any hope of defeating these assholes

 

[RBean]

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 defendants keep on doing what they are doing. Maybe we will find out some day.

 

[BDinPutnam]

I do appreciate the work you are doing!

 

[RBean]

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 while Trump is in office. Two are very long of teeth.

 

[Acer-m14]

Now that Trump has a new Supreme Court appointment .. when i seen you updated here .. i was thinking that .. He is Retiring at the end of July ..
come on Ruth .. Nap nap nap nap time

the libs are going to explode now ...

 

[M_F]

From the complaint:
"Plaintiff attempted to contact Defendant Investigator Lorusso of the Suffolk County Pistol License Bureau, but Lorusso would neither take nor return his phone calls".

That prick was never in the office no matter what time of the day or week I called/stopped by, during the 17 months that it took for my pistol license to get issued. Other applicants have also told me that he never gets back to you. The only time I have seen him was during a photo op with the DA when some "evil assault rifles" were confiscated from citizens. Property that can be legally owned in 40 + states but it is a felony in this shithole.
Fuck Him and the PLB.

 

[Acer-m14]

From the complaint:
"Plaintiff attempted to contact Defendant Investigator Lorusso of the Suffolk County Pistol License Bureau, but Lorusso would neither take nor return his phone calls".

That prick was never in the office no matter what time of the day or week I called/stopped by, during the 17 months that it took for my pistol license to get issued. Other applicants have also told me that he never gets back to you. The only time I have seen him was during a photo op with the DA when some "evil assault rifles" were confiscated from citizens. Property that can be legally owned in 40 + states but it is a felony in this shithole.
Fuck Him and the PLB.

he was on the board for the NYC bridges that haven't had a meeting in 2 yrs most likely i think ..

 

[RBean]

Hey, I got a call from Lorusso after he was served with the suit papers. I didn't take the call. My para legal told him since he would be represented by an attorney I could not speak to him. My para told me he was an arrogant s.o.b. on the phone.

On to other news: The Weinstein Motion for Summary Judgment has been submitted for over four month with no decision.

The Napolitano case has turned into the perfect description of gun control. Disarming the law abiding while letting the criminals run amok. To recap, John Napolitano is a nationally ranked, sponsored competitive pistol shooter. I'm sure some of you know him. He was going through a divorce. His wife filed a Petition for an Order of Protection. Knowing what was coming he transferred all his pistols to an FFL an removed his long guns elsewhere. The pistol license was immediately suspended. The first time the matter came before the family court, it was vacated.

We asked that his pistol license be returned and for a "prompt post deprivation hearing". Got neither. In addition, told him he can't possess long guns either for as long as his pistol license is suspended. And it will be suspended as long as they want, if not revoked. So we filed suit in EDNY. After we filed suit, death threats were made to John by an armed convicted felon, a user and dealer of illegal drugs and a gang member. So now he is placed at risk of "irreparable harm". This entitles us to a preliminary injunction. We filed today. The Court is supposed to give these priority and render a decision soon. it can the be immediately appealed to the Court of Appeals and then to the Supreme Court, if it will take the case. The Memorandum of Law is attached. We will see what happens.

 

[Acer-m14]

never heard of John Napolitano in the shooting ring .. but just out of the box thinking .. has he tried to buy a new long gun to see what the NCIS says ??? FUAC

i know dang well BlackPowder he can buy .. just another legal hammer

thanks for the update .. keep the pressure on them Bean

 

[RBean]

In Napolitano the Defendants have Filed their Memo of Law in Opposition and we have filed our Reply Memo. Our original Memo of Law in Support is in a prior post. The matter is now submitted to the Court. Attached are the documents. Defendants don't even try to defend PL 265 and 400 as being constitutional except the "statutory scheme is well established."

 

[RBean]

Under F.R.Civ.P. 5.1 we had to notify the Attorney General of New York that we have a constitutional challenge to statutes, PL 265 and 400. So the AG's office has 60 days to decide if they want to intervene in this case. What do you think. Will they come into this case to try to save their unconstitutional statutes or will they leave it to Nassau County? I'll guessing they won't, as they are so arrogant they can't believe there is any chance that any court would dare strike down their beloved statutes of oppression.

 

[45mando]

never heard of John Napolitano in the shooting ring .. but just out of the box thinking .. has he tried to buy a new long gun to see what the NCIS says ??? FUAC

i know dang well BlackPowder he can buy .. just another legal hammer

thanks for the update .. keep the pressure on them Bean

John is definitely a great guy and a very good shooter. He shoots here in Long Island as well as many area matches. He has/had a lot of you tube videos up as he was also sponsored by various companies.

If I were in his shoes I wouldn't try buying a gun unless this mess is cleared up because don't they ask you on the nics if you have ever been denied previously?

 

[Acer-m14]

If I were in his shoes I wouldn't try buying a gun unless this mess is cleared up because don't they ask you on the nics if you have ever been denied previously?

He was going through a divorce. His wife filed a Petition for an Order of Protection. Knowing what was coming he transferred all his pistols to an FFL an removed his long guns elsewhere. The pistol license was immediately suspended. The first time the matter came before the family court, it was vacated.

nothing to do with a 4473 .. its a FUAC issue .. unless FUAC and his goons reported it to NICS to mess his status up .. his only way to find out is go buy a long gun
and see ..

 

[RBean]

We had our first conference before Judge Fuerestein in US District Court. My impression is she didn't put much stock in my argument that Arts. 265 and 400 are unconstitutional. Asks why Napolitano didn't apply for a renewal license after it was suspended, this response to Reissman's bs argument that statutes allow him to re-apply. Didn't seem to understand that such a application four months after a suspension would be futile. However she asked if we requested a "prompt post deprivation hearing", I stated we had, letter annexed to Complaint as an exhibit. Asked me their response. I said none. She then chewed out the County's attorney that she was going to start imposing sanctions on the County for it's refusal to hold such hearings as ordered in Panzella and Razzano.

She then stated that our Motion for a Preliminary Injunction was fully brief, that she was referring it to the magistrate for a recommendation and decision. The assigned magistrate is Tomlinson. This is good. Tomlinson is very sharpe, knowledgeable, detailed and most important, fair. My impression in appearing before her in other gun cases is that she would like an opportunity to rule on this subject. Before she was dealing just with discovery matters and scheduling, not the ultimate issue. We will see.

 

[Rethin]

Thanks for keeping us in the loop

 

[Jmac00]

it's absolutely ludicrous that these hearings are taking this long and cost this much money. It seems the County Prosecutor and Cheif of Police are hoping the victim will either run out of money or die before they have to give the guns back

 

[GOPerfect]

Thank you for the update.