We have filed another case today: Cusumano v. Krumpter in US Dist Court on Long Island. CV-16-4376 It will be on the ECF by Monday or Tuesday. Basically this is were an exparte Order of Protection was obtained by the plaintiff's sister. The same day the Sheriff took his pistol license and two pistols. The next day the Nassau County Pistol License Section suspended his license. The next day the family court judge vacated to Order of Protection and Dismissed the case. That Order Vacating the Order of Protection was provided to the Pistol License section a year ago and no action. When the plaintiff complained to Investigator Cappy of the Pistol License Section about the delay Cappy said "so sue me". So he did.
I didn't see which judge you pulled from the wheel, but assuming all the facts alleged in the complaint are true and accurate (which I am sure they are), it looks like a very compelling case. I really hope you fight it to the end. It's your case, but you are standing up for all of us. I wish you the very best of luck and if there's anything I can do to help, please let me know.
--Steve
Molon Labe
Edit: After I posted, I saw your that you had a gofundme link. I guess great minds think alike. I just sent you $25.00. I hope others do the same or more.
[background=rgb(246, 247, 249)]If you can help out to fund this case and Robert's two other cases, it is a worth cause. He is donating his time and this account is to fund expenses. The filing and deposition costs are already in excess of how much has been raised so your help is urgently needed to continue the fight.[/background]
[background=rgb(246, 247, 249)]If you can help out to fund this case and Robert's two other cases, it is a worth cause. He is donating his time and this account is to fund expenses. The filing and deposition costs are already in excess of how much has been raised so your help is urgently needed to continue the fight. https://www.gofundme.com/qj9s4k[/background]
Folks, please donate if you can. I have already fronted the filing and service fees myself. We have to fight this together, remember, this could be you tomorrow. I am in this to the end, we will need money for depositions.
Everybody should read paragraph #36 of the above attached complaint. The County could care less about losing the case and having to pay money or returning some by now beat up guns (the money comes out of my/your tax dollars). But paragraph 36 scares them to the point where they will cave. If they lose the ability to play God with your 2nd Amendment rights it is an existential threat to the way the operate. All Long Island gun owners have a stake, as this paragraph could blow the whole permitting scheme up.
I know what you're going through having suffered through two years of aggregation to get my license back. Hang in there. Unfortunately the county has the great advantage of using your tax dollars to fight against you. I wish there was a judge with the courage to reverse this action and make the county pay punitive damages.
What bothers me, we, the licensed gun owners, are one of the few groups that are (still) pro LEO, and they do this crap. My overall support is slowly fading. This is far from a "one off"' we are seeing it constantly in various counties, what ? 6-12 months to issue, 1 f@&$cking minute to suspend.
I hear you brother, but I still have to support our brothers in blue. For the most part, the guys that do the day-to-day grunt work are on our side. It's the administrative jerks that need to pull their long guns out of their asses. Frankly, even those management types are only an issue on long island and in the city. Frankly, the NCPD is one of the few law enforcement agencies in New York that really jerks us around when it comes to 2d Amendment rights. Almost every other state and local law enforcement (including the Sheriff's Association and the NYS Troopers union) strongly oppose to the SAFE Act and call for its repeal What really pisses me off though is that you would think that with a Republican County Legislature and a Republican County Executive, gun owners and 2d Amendment advocates would be treated with a little respect and dignity.
On that note, we really need to step up our game in local politics. We certainly can't count on New York State or Federal Courts in the 2d Circuit to safeguard our rights. The democratic judges will bend over backwards to find a right for women to murder unborn babies, but spit on our specifically enumerated right to defend ourselves. Obviously, we need to fight those guys at every turn. The problem is, we don't have enough champions fighting for us. I expect the Democrats to stomp on our rights, but I demand that Republics defend us. Our biggest fight is with weak kneed local Republicans that cave in to the gunphobic liberals they think make up the bulk of Nassau County voters. They need to remember that we are one of their most loyal voting blocks. These RINO idiots need to be reminded constantly of their sacred oaths to defend our rights under the Constitution of the United States and the State of New York--including our 2A rights. Those RINOs that break their oaths need to face dire consequences--like a hard fought primary. Even if our candidate were to lose a principled fight where our civil liberties are an issue, that incumbent is going to remember the fight and try to avoid it in the future by supporting our issues (think of how Bernie managed to push Hilary to the commie side of the left). We need to start winning again and take back our Counties. Let's make Nassau and Suffolk Great Again!!
Hi All
I am new to this forum, and I was very bothered by what I read here. I am in the process of filing for my permit myself, I pledged on the Gofundme page you set up. Good luck.
Welcome. First thing, stop thiniking of your LICENSE as a 'permit' your permission - is the US Constitution. (the word implies you are seeking permission, and accepting their control over your rights) Next, hit the library, or find the right website - and READ sections 400 and 265 of the NYS penal law - you need to KNOW these or they will trample on you.
A continued thank you on behalf of myself, Robert Bean and the other plaintiffs. We need all the help we can get, this type of thing can get expensive. Please do what you can, anything is appreciated I'm sure.
So we shouldn't sue them because they may settle? A donation is your own choice, if you feel good about the cause, donate. If you think it's useless, don't donate. All I know is people do a lot of talking, then when the chips are down, they disappear.
No - weed NEED someone to sue - that isn't going to roll over and piss themselves like a puppy as soon as they hear "we'll give you your license and your guns, and $$$ to go away"
BUT - that someone has to be someone they don't want to issue a license to for whatever reason - that should NOT be prohibited by law.... So that they won't just grease the machine and spit out a license.
One problem we've seen repeatedly is once the "harm" has been removed, (a license is suddenly issued quickly and property returned) the plaintiff loses standing (his right to sue) and the case is over...
We've already had suits resulting in court orders to fix the 'system' of witholding property and licenses after an Order of Portection has been cleared (timed out is one thing - a case like this where it was vacated immediately upon review by the court is another - that should have had his license reissued the same day)
BUT - those orders never seem to have any teeth, just like the law that says a license will be issued or denied in a timely manner within 6 months of PRESENTATION of application -
BUT - there's no provision for punishment in the law (if the issuing agency boss gets fired, commissioner gets fired... or... put in jail - then we'd see things working)
We are facing an uphill battle because the politicians (which includes judges in NY) dont want to risk giving a gun back to a guy that ultimately uses it to do something bad...even if there is no basis for having that concerns. Our rights come a distant second to their political concerns.
On a related note, I would like to challenge the requirement that applicants for a license to possess a handgun provide information about past arrests that resulted in dismissal and four affidavits from non-relatives as character references. This is a clear infringement of 2A. I have an individual conditional right to own a handgun and these requirement are not a reasonable regulation of that right since they serve no important governmental purpose. Anyone can be wrongfully arrested. If the case is dismissed, why should the fact that there was an arrest be relevant to the NCPD. Why do I need character witnesses? What difference does that make? I shouldn't have to prove that I am worthy of exercising my 2A rights. it should be the government that should be requires to show cause why my second amendment rights should be denies. Moreover, what if I work for and am surrounded by people that hate guns and would judge me for wanting to own one??? That is not so uncommon on Long Island. I shouldnt have to share my intentions and ask four people to prepare and submit affidavits that will subject them to scrutiny. I am a 42 year lawyer. My wife is a public school teacher. We have two kids and no criminal records. I am toying with the idea of submitting applications for both of us with a letter objecting to those questions/requirements that infringe on my 2A rights.
Go for it - but brush up on your proofreading first - for if you tell them you have a conditional right they will agree - and load you up with conditions!
The problem with Nassau and Suffolk is the County Executive. The Police Commissioner can change department policy if directed by the County Executive.
The Police Department policy has always been aggressive with confiscated firearms regarding domestic incidents.
The administration is not going to change policy unless a judge finds them violating the rights of an individual under the second amendment.
Update guys - the case is still active, we are waiting for them to answer. Will keep you guys posted. Please donate if you can, Mr. Bean needs money to move this case forward to possible depositions.
Here is a link to a PDF of the Complaint (I have a pacer account). There hasn't been any activity on the docket since the filing date. The next step will be for the Defendants to file an Answer or a Motion to Dismiss.
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