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Suffolk County NY Surrenders to Lawsuit Challenging its Gun License Restrictions
A judge's gavel. (Public Domain photo)
Last updated on August 1st, 2024 at 08:33 am
Suffolk County Attorney Christopher Clayton, on July 31, signaled the county’s surrender on a lawsuit challenging its gun licensing policies.
Plaintiffs Thomas and Diane LaMarco first filed the lawsuit in August of 2022, challenging a specific rule by the county to suspend the New York State Pistol Licenses of individuals who reside with a person who has been prohibited from possessing firearms or who did not notify the licensing department of police arriving to their home for a mental health call.
Thomas and Diane LaMarco each possessed state pistol licenses for a combined 25 years. County authorities suspended these licenses in April of 2021 over a 2017 police mental health visit concerning their adult son. The LaMarcos, in turn, surrendered their firearms to the county, fearing the county would prosecute them for unlawful possession.
The LaMarco’s challenged the license suspensions on grounds the move violated their 2nd Amendment right to keep and bear arms under the U.S. Constitution, their 4th Amendment protection against unreasonable searches and seizures, and their 14th Amendment right to due process before the county deprived them of their rights and property. The plaintiffs also pointed, in their complaint, to language in the U.S. Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen in which the court stated if an individual’s conduct falls under the plain text of the 2nd Amendment, then the government must demonstrate that a law or regulation is consistent with the nation’s “historical tradition of firearm regulation.”
