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NY Eastern District 2nd Amendment

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From the attorney, filing the case,
Law Office of Robert T Bean
3033 Brighton 3rd St
Brooklyn Ny 11235

“Recently filed suit in Eastern District of New York. A gun owner had all his firearms confiscated by Nassau County Police Dept for having a shouting match with his son. No violence, threats of violence, no brandishing of weapons. Nothing. Violations of 1st, 2nd, 4th, 5th and 14th Amendments. We expect the County to move to dismiss claiming that Penal Law 400 allows them to do all this. If so, we will challenge the unlimited discretion of the licensing officer. I have already been in contact with Allan Gura, the attorney in Heller and McDonald who indicates that at the appropriate time, the Second Amendment Foundation will join in…the plaintiff is a disabled member of the NYFD seriously injured on 9/11.”

The case number is CV - 14 - 7210 (ADS) (AKT). … Art. 78 procedure does not satisfy due process requirements. Case was Razzano v. County of Nassau, No. 07 - cv- 3983. Reported 765 F. Supp.2d. 176. The plaintiff was awarded $275,000. That case was pre Heller and McDonald. We should be in better shape now although I have found that the NY Courts have pretended that Heller and McDonald never happened. Just like the 2nd Amendment is not in the Constitution.

The above case has not stopped Nassau County from going ahead and continuing to do the same unconstitutional acts over and over. Therefore we are asking for a permanent injunction and punitive damages.”

A copy of the complaint filed is located here

http://www.dark-storm.com/images/lif/WeinsteinvNassau.pdf

Expenses expected: “ Thus we will be taking the depositions of the Chief of Police, the Commissioner of Police, Commander of 1st Precinct, officers involved in the seizure and possibly the County Executive and District Attorney. Deposition cost $500 to $1,000 each for the court reporter. You see how it can add up. I am not being paid any attorneys fees at this time…We will try to move forward but it will soon become burdensome for Mr. Weinstein. So right now, he is paying expenses and I'm working for free. I have already contacted our organizations such as NYRPA and NRA, SCOPE etc. They seem to be more interested in getting donations than financially helping in ongoing litigation.

Anyone who wants to contribute can send a check to my office, address is on the Complaint. Made out to Robert Bean, Attorney in Trust for Marc Weinstein. We will keep track and if monetary damages are recovered, we will refund you donations."

Law Office of Robert T Bean
3033 Brighton 3rd St
Brooklyn Ny 11235
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  • Anonymous
    • $100 
    • 4 yrs
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Organizer

Robert Bean
Organizer
Brooklyn, NY

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