Nassua county firearms dealer win suit

The story starts here:  Notes in RED are mine comments~bpb

http://www.murthalawfirm.com/nassau-countys-gun-store-raids


Quote:

What Was Really Behind Nassau County’s Gun Store Raids?


12/8/11 EDIT: Here’s a recent update on the case.

Nassau County raided four Gun Shops in a $80,000 tax-payer funded sting operation on Wednesday. The owners and employees were arrested and charged with selling illegal “assault weapons” to undercover Nassau County investigators.

All of the owners insist that they were following the law. Martin Tretola, the owner of T&T Gunnery, was captured on undercover video demonstrating how to hypothetically alter a rifle by removing the pin to make a fixed stock collapsible, but he clearly explains that the weapon is “law enforcement only”, and added “you take that pin out, I’m telling you, you’re in trouble with this gun.” Tretola was charged with criminal sale of a firearm in the second degree, a class B Felony, and a misdemeanor charge of firearms licensing provisions. He faces up to 15 years in prison if convicted.

But there’s more to this story than most are reporting. In 2008, Martin Tretola filed a multimillion dollar lawsuit in federal court against Nassau County for violations of his constitutional rights. The County was unable to dismiss the lawsuit, and it is scheduled for trial soon. Right before the jury is selected is an awfully convenient time for another raid and arrest.

The History:

According to Tretola, in March 2006, Tretola received a telephone call from a Police Officer Faltings from the NCPD. Officer Faltings ordered Tretola to turn over possession of a particular firearm to a friend of Officer Faltings without the purchase documents for that particular weapon. Tretola denied Officer Falting’s request, at which point Officer Faltings allegedly responded “Do you know who I am? I am the head of the Pistol Licensing Bureau of Nassau County.”. Tretola responded in words or substance that “I do not care who you are or what you are. What you are asking of me is against the law and I will not do it.”

Shortly after the telephone conversation, the two men met in person at police headquarters. During the meeting, Officer Faltings stated “when I ask for something you need to do it”, and further stated that if Tretola didn’t do as he asked, he would strip Tretola of his license to sell firearms. Tretola refused.

On May 9, 2007, Officer Faltings and five police officers orchestrated a massive raid involving the Nassau County Fire Marshal, the Federal Bureau of Alcohol, Firearms and Tobacco (ATF), the Town of Hempstead Building Department, and the Nassau County Bomb Squad. The raid was conducted without a warrant, and was completely beyond the purview of the Nassau County Pistol Licensing Bureau. Despite the failure to discover illegal activity, the Nassau County Police seized many weapons, and Martin Tretola was arrested for Reckless Endangerment. All charges were later dismissed. Tretola’s seized inventory has not been returned.


Shortly after the charges were dismissed, Officer Faltings arbitrarily suspended Martin Tretola’s licenses, including his pistol license, dealer’s license, and gunsmith license. His store was temporarily shut down, causing massive financial harm. Eventually, Tretola was able to restore his licenses, and he filed a multimillion dollar lawsuit against Nassau County.

Nassau County made several attempts to have the lawsuit dismissed, but were unsuccessful. In December 2010, the matter was marked ready for trial, and is currently awaiting a trial date. Jury selection will be scheduled soon.   Epic failure and they all keep their jobs!   http://www.longislandexchange.com/articles/news/nassaucountyloses-082012.html  

NASSAU COUNTY LOSES $5M LAWSUIT

News: Nassau County Loses $5M Lawsuit

(Long Island, N.Y.) The courts sided with the owner of a gun shop on Merrick Road in Seaford in a $5 million suit against Nassau County. The decision was upheld Wednesday in a Central Islip federal court. The $5 million was broken into $3 million compensatory and $2 million punitive damages.

The suit had been filed in 2008 and the owner was represented successfully by an attorney from Lake Success. According to reports, he owned a second gun shop in New Hyde Park and was arrested in June of 2007. The charge, which was later dismissed, was for reckless endangerment in the case of having a gun range inside his shop.


Conflicting information was presented about the charges. Some sources claimed that the gun range was a legal bullet trap and used to safely absorb bullets and scattered shards to conduct tests. Nassau County contests the verdict and claimed to have had a legally-sound probable cause for the arrest.

Ultimately, the courts decided in favor of the owner, who claimed wrongful allegations were made against him. Reports stated that a specific police officer, who still works in the pistol license section, was targeted in the suit. It was said that the arrest was related to a firearm issue between the gun shop owner and a friend of the officer.
Other sources claimed that the arrest was not a result of police harassment, stating that the gun shop owner had been selling illegal weapons. Charges including Criminal Sale of a Firearm in the Second Degree, Unlawful Disposing of an Assault Weapon, and a misdemeanor violation of the Firearm Licensing Provisions were filed with a possible fifteen-year sentence. The business was charged with both first and second-degree Criminal Sale of a Firearm.

The gun owner's license was suspended and later restored. His attorney argued that the business suffered from stigma associated with the arrest. An estimated nine-hundred guns could have been sold, as part of a figure pulled from sales of the previous year.

Another argument in the suit was that police didn't check to see that the natural gas line located near the shop had been disconnected for decades. Amidst of all the charges against the gun shop owner, possible penalties included a $10k fine and double what the company allegedly gained by illegal means. The gun shop owner's son, an employee from Bellmore, faced two counts of Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances.


Three other employees from West Islip, Oceanside, and North Babylon were also affected, the youngest of whom is in his twenties. According to reports, the gun shop owner is ready to get his life together. Some followers of the case claimed that the suit's outcome had more to do with the courts aiming to send a message against police harassment.


For now it ends here & naturally no one in government will lose their jobs over this epic faiure!   bpb

Leaders in firearms & Powder sales

Comments in RED are mine.

The Uninvited Ombudsman notes however that:
Alan Korwin
While "news" reports are often filled with studies of top brands for consumer items from soft drinks to cars to computer gear, firearms are virtually never covered as a financial matter. This despite the fact that the shooting sports, a term you just don't see in the "news" is the #2 participant sport in the nation (behind exercise equipment and ahead of golf -- a sport you see covered to excess).
Southwick Associates has completed an extensive survey of the top brands in the shooting sports. It is part of a 238-page report that received so much coverage you have never even heard of it. Are you using the top brands? Here they are:


Top rifle brand: Remington (17.5% of all purchases)

Top shotgun brand: Remington & Mossberg (virtual tie with 21.5% of all purchases)

Top muzzleloader brand: Thompson Center (31.9% of all purchases) (The most expensive are the break open styles ) I can't sell one to save my life, most guys are either purchasing used Omegas or new CVA's

Top handgun brand: Sturm Ruger (16.7% of all purchases)

Top scope for firearms: Bushnell (17.1% of all purchases)

Top rifle ammunition brand: Remington (25.3% of all purchases) (WHY? that is never my favorite ammo)

Top shotgun ammunition brand: Winchester (31.9% of all purchases) ( AA's for clay target shooters??

Top handgun ammunition brand: Winchester (22.0% of all purchases)

Top blackpowder brand: Pyrodex (38.7% of all purchases)(? I'd say Triple 7)

Top balls, bullets, or shot brand: Hornady (28.4% of all purchases) (Wonder how many bullets are cast?)

Top reloading bullet brand: Hornady (31.7% of all purchases)

Top reloading primer brand: CCI (38.2% of all purchases) (Usually the easiest to find)

Top reloading powder brand: Hodgdon (37.8% of all purchases) (Well I hope so, they own IMR,GOEX,Hogdon & I think Winchester)


Top binocular brand: Bushnell (33.6% of all purchases)

Top holster brand: Uncle Mikes (19.0% of all purchases)

Top knife brand: Gerber (15.0% of all purchases)

The shooting sports are a significant contributor to the U.S. economy, but you wouldn't know it if you follow lamestream reports. Archery and hunting gear are also covered, see for yourself:

http://southwickassociates.com/node/10972

I have to ask why are the numbers for that imported Mongolian ammo everyone is fighting to get a hold of?
 Ah, looks like I'll have to read the report.
BPB

Shooters Committee on Political Education fights for New Yorker's

Shooters Committee on Political Education  

The Presidents Report

In addition to the work SCOPE does on legislative issues, we have been very active in litigation. That is; legal challenges in the court-room to address certain issues that we have not been able to address through the legislative process. There have been cases we have lost, cases we have won, and there are current and future cases yet to be decided. The resource for funding these cases has been SCOPE’s Legal Defense Fund. This fund is dependent on the donations of our members.

One of the major issues of concern to our members over the years has been the NYS Pistol Permit system. Although it is a state license and should be subject to uniform statewide standards, in practice it is implemented by local county governments. Standards and practices vary significantly from one county to the next. Some counties impose restrictions on pistol permits that are not provided for by the state licensing law; NYS penal code section 400. SCOPE filed a lawsuit some two dec-a des ago to put a stop to the practice. Unfortunately we lost on that suit and quite frankly we would have been better advised not to have gone for-ward with that case. Now we have legal precedent set against us.

SCOPE vs. Pataki was filed in 2001 to challenge the Pataki five point gun law that was passed in 2000. Although much of the law was upheld, there was one point on which SCOPE prevailed. There were very stringent requirements set for operating a ―Gun Show‖ in New York. The trouble with the law was that the defi-nition of a gun show was so overly broad and vague that almost any event where guns were present or even discussed could be legally ruled a gun show. This could lead to a situation where almost any gun club function would technically be in violation of the law. The courts agreed with SCOPE that the law was vague and overreaching. This ruling was very important because without it most of our member clubs could have been ruled in violation of the law whenever they hosted a trap meet or pancake breakfast.

The next litigated issue funded by SCOPE was a law suit against Nassau County; Chwick vs. Mulvey. The principle issue was whether Nassau County ordinance Title 69, Local Law, 5-2008, which bans the possession of ―deceptively colored‖ fire arms, is preempted by NYS Penal Law 400. The court ruled the following points in December of 2010. The ordinance imposed an ad-ditional requirement for lawful pos-session of a valid firearms license beyond the State’s requirements. If each of New York’s 62 counties en-acted ordinances that placed additional restrictions on licenses as the amended ordinance does, the uniformity in firearm licensing that the legislature intended would be destroyed. As such, no locality may supplant the licensing requirements provided by Penal Law 400. That means that it is illegal for the counties to place addi-tional restrictions on pistol permits! This is a major victory with potential to affect the firearms licensing procedures in many counties across New York State.

Currently SCOPE is contributing to a lawsuit brought against Westchester County officials. The suit was initiated by the Second Amendment Foundation and the legal team led by Alan Gura, the same team that won the DC vs. Heller and McDonald vs. Chicago decisions in the United States Supreme Count. Westchester County has been denying pistol permits on the grounds that the applicants could not show a need to protect themselves that is greater than the average person. The suit makes the points that the Supreme court’s ruling in DC vs. Heller guaranteed an individual right to keep and bear arms, and that the McDonald vs. Chicago decision made it clear the state and local governments as well as the Federal government were prohibited from infringing on that right. This suit is likely to take some time to resolve but we feel it will be an important step towards protecting the rights of New Yorkers.

These legal battles are an important addition to the legislative work that SCOPE does on behalf of our members. Litigation in New York’s courts is tedious, expensive, and not with out the risk of sometimes getting a bad precedent set. However we feel this work is necessary. That is why SCOPE maintains our Legal Defense Fund. Recent battles have depleted this fund. We have ongoing and future court actions that will likely cost us more than our reserves. That is why I am appealing to our member-ship to donate whatever you can to help us fight for you. As the old War-r en Zevon song goes, ―Send Lawyers Guns and Money‖ 
Send your donations to:

SCOPE Legal Defense Fund 
12 Gateway Drive 
Batavia NY 14020.

Stephen J. Aldstadt, President