Firearms Owners Against Crime

Institute for Legal, Legislative and Educational Action

Woman Calls 911 for Help, has Firearms Confiscated by Police :: 11/22/2022

The area around New York City is known for being anti-gun, but Nassau County’s latest move takes gun control to a whole new level. Nassau County had suspended a pistol permit and confiscated a citizen’s firearms for calling 911 when her life was threatened and not reporting the call to the Nassau County Police Department (NCPD) Pistol License Section.

A woman living in the county, who doesn’t wish to be named, purchased a handgun right before the start of the COVID-19 pandemic. Her long-time boyfriend had passed away, and she felt she needed to protect herself. That is when the problem with her next-door neighbor started. The neighbor living near her allegedly threatened to kill her and burn down her house.

Fearing for her life, she called 911. The Nassau County Police Department responded to the call and took care of the incident. She still feared for her life, knowing she would have to leave her home without her firearm. Then the Supreme Court issued the landmark Bruen decision that knocked down New York State’s “proper clause” statute that prevented most New Yorkers from getting concealed carry permits.

Soon after, New York State passed the concealed carry improvement act (CCIA), which added roadblocks to getting a carry permit. Gone was the “proper cause” clause, but the state added a “good moral character” clause. The state also started requiring applicants to turn over three years of social media, take 18 hours of training, and give character references. Places like Nassau County also needed a drug test.

Several lawsuits are challenging the Constitutionality of the CCIA, including one by Gun Owners of America (GOA) that received a preliminary injunction from the District Court in Antonyuk v. Hochul. However, that decision was stayed by the Circuit Court. The Nassau woman decided she couldn’t wait for the case to be resolved, so she submitted her social media, took the drug test, and paid hundreds of dollars to complete the training.

During the background investigation, Nassau County investigators found the 911 call she made. They also found out she didn’t notify the NCPD Pistol License Section of the call she placed. There is a little-known regulation on the books in Nassau County that states that if you call 911, witness an incident that involves the police, or even just a third party to where a police action happens; you must notify the NCPD Pistol License Section within three days. Failure to do so could lead to the revocation or suspension of a person’s pistol permit. The statute reads:

“Any incident involving a licensee where there is police response, whether it involves the licensee or any other resident or guest in or at their home or place of business. This includes police response to any location that is non-domestic whereby a licensee is the subject, witness or third party involved.”

“The licensee is responsible for making proper notifications to the NCPD Pistol License Section. The licensee is not to assume that other law enforcement agencies or the Nassau County Police Department will make the necessary notification on the licensee’s behalf. Failure to make timely and proper notifications in the aforementioned circumstances may be cause for suspension and/or revocation of a pistol license.”

When the NCPD found out that the woman seeking a concealed carry permit because she feared for her life didn’t notify the NCPD Pistol License Section of her 911 call, they promptly stopped the background investigation and suspended her pistol permit. They proceeded to confiscate her firearms, including her long guns.

The stroke victim is now disarmed and tells AmmoLand News she is considering moving from her childhood home because she fears for her life. Police say she can get her guns back in six to eight months.

Fresh from their Supreme Court victory in the New York State Pistol and Rifle Association (NYSPRA) vs. Bruen case, the gun rights group is aware of the situation but would not comment because of the potential for future litigation against the NCPD’s policy.

The NCPD Pistol License Section did not return AmmoLand’s call for a request for comment.

https://www.ammoland.com/2022/11/woman-calls-911-for-help-has-firearms-confiscated-by-police/#axzz7lQdAMxVx

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