New York Criminal Attorney Blog
A federal judge ruled that Nassau County violated a gun owners due process rights when the Nassau county police seized his handgun, rifles and shotguns after a complaint from Congresswoman Carolyn Maloney’s office that the man had harassed them. The next day police showed up at his home and seized 15 registered handguns and nine “long-guns” even though he was never charged with any offense. Nassau County does not require a license for rifles and shotguns and therefore was entitled to a hearing after the seizure. This marks the second recent victory for Nassau County gun owners as reported in a previous blog.
Judge Spatt, a federal judge in the Eastern District of New York pointed out the absurdity of the seizure when he indicated that since no license was required, the gun owner could purchase replacement guns without a license. The judge gave an important right to New York citizens by requiring a prompt post-deprivation hearing upon the seizure of rifles and shotguns.
Additionally, since the Nassau County Police apparently failed to obtain a search warrant before seizing the guns, Judge Spratt gave the gun owner leave to amend his complaint against Nassau County to include violations of his fourth amendment rights. The 4th amendment to the constitution guarantees the right to be free from unreasonable searches and seizure.
Anyone whose guns have been seized by the authorities without a warrant or who has been denied a prompt hearing following such a seizure should immediately contact this office for more information or visit us on the web at handgunattorney.com.