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SCPD Pistol Bureau Lawsuit

3823 Views 40 Replies 14 Participants Last post by  stalker42
I read the County’s rebuttle, and it seems fairly strong, but also dances around the threat of arrest during training and disqualifies some key points with technicalities.

Mr. Melloni’s site with Legal info / Docs

I thought I should help out and put in my own “two cents”.

So I just did. ( For a second time )

And now also sharing with You.

You decide on your own.

GoFundMe for the Lawsuit

Thanks for reading.
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Presumably for admitting to shooting a handgun in NY without a license in order to qualify.
Which is not illegal, btw.

Funny enough, I heard an instructor tell me today that NYSP, Nassau and Western Suffolk were telling people that they CANNOT allow students to take the course first. And even that the instructor could be arrested!

Personally I hope the rumor is true just so the guy who was arrested and his attorney could retire very wealthy.
well thats not necessarily tru you can shoot a real gun with simuntion to pass your 18 hour people at my class used it that had no permit yet but that was back in September so thing might have changed
Shooting a real gun with simmunition is legally the same as shooting a real gun with real ammunition.

What makes it legal is not the type of gun, but a change in Penal Law Section 265.20, adding paragraph 3-a and saying you no longer need a license to shoot with an instructor.
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We keep hearing that "someone says someone was arrested, for following section 3a" but I've yet to have any confirmation, in the form of a person's name, to verify that. Also, I really don't think that SCPD has senior staff that stupid, to authorize such a thing, knowing that it violates a specific NYS Penal Code exemption and will subject them, personally and organizationally, to monetary damage awards under 42 USC §1983.

For those not familiar with that statute, it reads as follows:
42 u.s.c. §1983
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

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