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Bello v Rockland County, NY - Unwarranted firearm seizure


Euler

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Docket

Petition for certiorari said:

In November 2018, Petitioner resided with his mother in Rockland County, New York. ... Petitioner and his mother ("Mrs. Bello") jointly owned 10 handguns, which were registered on each of their respective New York State Pistol Licenses.

...

After a therapy session in November 2018, Mrs. Bello's therapist caused a mental health report to be created pursuant to Mental Hygiene Law ("MHL") ..., believing Mrs. Bello posed a danger to herself or others.

...

The New York State Police notified the statutory licensing officer, who issued a "Notice of Suspension and Order to Surrender" to ... Mrs. Bello that ... directed Mrs. Bello to turn in all weapons she "owns or co-owns" and/or which are listed on her pistol permit to the Rockland County Sheriff's Office within 48 hours; ...

...

Rockland County sheriff deputies arrived at the Bello residence, showed Mrs. Bello the Suspension Order, and demanded the surrender of the 10 handguns on Mrs. Bello's expired pistol license. ... Petitioner informed the deputies that the handguns were exclusively in his possession and Mrs. Bello has no access to the locked gun safe where they were stored. ... The deputies demanded the 10 handguns from Petitioner, who contested the seizure but nevertheless complied.

 

Petitioner promptly contacted the Sheriff's Office to seek the return of his 10 handguns, informing that the handguns are kept in a locked safe to which no one, including Mrs. Bello, had access. His request was denied. ... The Sheriff's Office has no post-deprivation procedure in place for the return of firearms.

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