April 4, 2013

“N.Y. Dad’s Pistol License Suspended Over Something His 10-Year-Old Son Said — and It Could Be 8 Years Before He Gets It Back”

And the crackpot constitutionalist extremists have the temerity to keep fearmongering about the government looking for ways to disarm you?  Posh!

A New York father has had his firearms all but confiscated after the Suffolk County Pistol License Bureau suspended his pistol license indefinitely over a perceived threat made by his 10-year-old son and two of his classmates at school.

John Mayer, of Commack, N.Y., told TheBlaze that the incident occurred on March 1. It was like any other day, the father explained. He put his son on the bus and sent him off to school.

Later that day, Mayer got a call from school officials informing him that his 10-year-old son and two other students were talking about going to a boy’s house with a water gun, “paint gun” and a BB gun. There had reportedly been a school yard pushing incident the day before involving the boys, excluding Mayer’s son, and they were seemingly talking about getting even in some way.

Mayer told TheBlaze that a teacher overheard the students talking and immediately called police and filed a report. He said the teacher told police something to the effect of, there’s a “kid with a gun, ready to go.” [...]

School officials then “interrogated” the boys, Mayer explained. It was later determined that the 10-year-old boys did not have access to a BB gun, paintball gun or any actual firearms.

The school’s principal later informed the father that his son would be suspended for two days for the incident. But the ordeal was far from over.

Mayer said police officers were then deployed to his home where he was advised by officers that they might have to confiscate his firearms, which he says were all properly stored and secured. “I just couldn’t believe what was happening,” he told TheBlaze.

The following Monday, Mayer got a call from the Suffolk County Pistol Licensing Bureau. He was reportedly told that his license would be suspended and police would arrive at his house the next morning to retrieve his handguns. Acting quickly on the advice of his attorney, Mayer transferred all 15 of his handguns to his friend to prevent them from being confiscated. He also transferred his long arms to a local gun store out of fear that police would attempt to confiscate them as well.

Mayer’s pistol license has been suspended until further notice and he says officials have informed him that the suspension could last until his son moves out of his home. His son is only 10-years-old, meaning it could be eight years or longer before his license is restored.

“All my handguns are gone,” Mayer said, letting out a sigh of exasperation.

“We’ve grown to such an absurd point now with firearms where kids can’t even be kids,” he added.

Let me interject here:  it’s not that “we’ve” grown to such an absurd point, but rather the government has discovered that if it can use as cover any potential “safety” risk — whether it believes one exists or not, and I very seriously suspect the answer is that it does not — it has the power to molest private citizens and confiscate their property if it so chooses.

Or perhaps better put, we live in a police state that is posing as a nannystate.  And, as surreal as it sounds, all the involved parties, both the policers and the policed, know this.

A spokesperson with the Suffolk County Police Department told TheBlaze that the incident is still under investigation.

“The Suffolk County Police Department Pistol License Bureau is conducting a complete and thorough investigation into the matter. Based upon the investigation, his license has been suspended,” the spokesperson told TheBlaze in an email. SCPD declined to provide any additional information.

Mayer’s lawyer, New York firearms attorney James Murtha, told TheBlaze that Mayer does not have any history of mental illness or criminal behavior. He also noted that Mayer’s son does not have a history of violent behavior.

“We understand that in this day and age things can get perceived wrong,” Murtha said. “But we are talking about a child making silly comments. And now a man’s constitutional rights have been dramatically violated.”

[...]

A spokesperson with the Suffolk County Police Department told TheBlaze that the incident is still under investigation.

“The Suffolk County Police Department Pistol License Bureau is conducting a complete and thorough investigation into the matter. Based upon the investigation, his license has been suspended,” the spokesperson told TheBlaze in an email. SCPD declined to provide any additional information.

Mayer’s lawyer, New York firearms attorney James Murtha, told TheBlaze that Mayer does not have any history of mental illness or criminal behavior. He also noted that Mayer’s son does not have a history of violent behavior.

“We understand that in this day and age things can get perceived wrong,” Murtha said. “But we are talking about a child making silly comments. And now a man’s constitutional rights have been dramatically violated.”

Gun rights “mean nothing at all in New York,” Murtha lamented. “Firearms are thought to be some really evil thing here.”

In New York, he explained, a citizen can be a denied a pistol license if the pistol licensing department determines that person doesn’t have “good moral character,” an undefined term:

Eligibility requirements for the issuance of a pistol license in New York are set forth in Penal Law §400.00(1). Briefly, an applicant must (1) be twenty-one years of age; (2) of good moral character; (3) have not been convicted of a felony or serious offense; (4) state whether he has ever suffered from mental illness or been confined to an institution for mental illness; and (5) not had a pistol license revoked or who is not under a suspension or ineligibility order issued pursuant to CPL 530.14 or Fam. Ct. Act 894-a.

“A clear message has to be sent that the government can’t treat citizens this way,” he added. “Firearms are not frightening. Not a single one of my firearms has ever put on a pair of shoes, run down the street and killed somebody.”

Mayer is now pushing for New York to adopt legislation similar to Maryland’s S.B. 1058 or the “Reasonable School Discipline Act of 2013.” He says it would protect the rights of students and parents.

The legislation prohibits a principal from “suspending or expelling a student who brings to school or possesses on school property a picture of a gun, a computer image of a gun, a facsimile of a gun, or any other object that resembles a gun but serves another purpose.”

The bill also prohibits a principal from suspending or expelling a student for making a “hand shape or gesture resembling a gun.” The law does, however, reinforce a principal’s right to discipline students for performing “a direct act of violence against another student.”

Look, Obama himself inadvertently made an admission yesterday that every eligible voter in the US should hear and contemplate:  for he and the Democrats, if they can lie to you in order to be elected, everything the do legislatively after you’ve elected them is with your consent, your having voted them into office.

That is, democratic despotism, to the contemporary progressive, represents a legitimate function of elected government — with the voters to blame for having put in place the people who engage in the practice.

It’s your fault, voters, Obama is saying.  You elected us!

To which the obvious response by every citizen who still believes in the founding principles of this nation and who respects the idea of a government run by the consent of the governed — which itself presupposes that unalienable rights are not up for election — is to say to contemporary Democrats, you know what?  You’re right.  And as a result, it becomes our duty as Americans committed to the rule of law and the Constitution to make certain you never hold the kind of power that cannot be checked, from the local level upward, ever again.

Problem solved.

(h/t nr)

Posted by Jeff G. @ 3:19pm
13 comments | Trackback

Comments (13)

  1. …the government has discovered that if it can use as cover any potential “safety” risk…

    I just saw the ultimate arbiter of American society on a bumper sticker: “Just be nice.”

  2. I say fuck it — let’s fight fire with fire. Make accusations of improper behavior by every police officer’s kid, and demand that those officers be stripped of any personal weapons in their homes, and suspend their certifications until such time that they can prove their children aren’t violent psychopaths. Same thing with every elected official’s kid, every social worker’s kid, every teacher’s kid or principal’s kid, and so on. Disarm every single one of these statist would-be tyrants, so that when we come with our torches and pitchforks, they’ll have no better defense than what they would force us to live with.

    As the brilliant, daring, and very, very respectable Alinsky once said — make the bastards live up to their own rules. Demand it, loudly, and don’t let up. Jam the system with so much noise and paperwork and legal maneuvering that they are forced to spend all their time defending themselves, and have none left to molest the rest of us. Disabuse them of the notion that we’re all willing to lay down quietly to present our necks to their boots.

    They think we’re ungovernable? Poor bastards can’t even dream of what ungovernable really looks like. Fuck ‘em.

  3. Requiring a license to own a self-defense firearm ought to be ruled a prima facie violation of his constitutional rights.

  4. Damn well put, Squid.

  5. Look, Obama himself inadvertently made an admission yesterday that every eligible voter in the US should hear and contemplate: for he and the Democrats, if they can lie to you in order to be elected, everything the do legislatively after you’ve elected them is with your consent, your having voted them into office.
    That is, democratic despotism, to the contemporary progressive, represents a legitimate function of elected government
    — with the voters to blame for having put in place the people who engage in the practice.

    Since we know from history that this is how the Fascists and the National Socialists and the Communists get into power, we can predict how our progressive Democrats will remain in power, and despotism won’t remain democratic for long.

    These people will let you vote them in, but if you give them enough power they won’t let you vote them out again.

  6. We need to be clear here. John Mayer’s Pistol Liscense was not suspended over something his 10 year old son said. It was suspended because of something a vapors-prone teacher overheard, compounded by what the administrative apparat of the regulatory state chose to infer from that.

    The social welfare state: it’s for your own good, whether you like it or not.

  7. Due process HA HA HA of law BWAHAHAHAHA!

  8. What offends me most is using the son as a weapon against the father. If there was a serious threat, then the proper way to deal with this is through an adjudicated hearing. But that is not what is going on here.

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