A recent court filing has puts a Second Amendment issue into the spotlight, as a Suffolk County resident challenges the county's firearm licensing policies. Thomas Webber filed a complaint in the United States District Court for the Eastern District of New York on September 11, 2024, against Suffolk County and several officials, alleging unconstitutional practices that infringe upon his right to bear arms.
Webber's lawsuit contends that Suffolk County's policy of denying pistol licenses based on the mental health status or actions of cohabitants violates his Second Amendment rights. The complaint, brought forward by The Bellantoni Law Firm, PLLC, accuses Suffolk County Police Commissioner Robert Waring, Lieutenant Michael Komorowski, and attorney Christopher Love of enforcing these unconstitutional policies. Webber argues that these practices are not only without historical precedent but also constitute an overreach of authority under New York State law.
The crux of Webber’s argument lies in his denial for a pistol license due to his failure to disclose that a household member had been evaluated for mental health issues. According to the complaint, this requirement stems from Question #45 on the Suffolk County Police Department (SCPD) Licensing Bureau’s questionnaire. This question asks applicants whether they or any household members have ever been treated for mental health issues—a disclosure not mandated by New York State law. "There is no American tradition of prohibiting an individual from possessing and/or carrying firearms because of the actions, status, and/or cohabitation with a third person," states Webber’s complaint.
The lawsuit highlights several legal precedents and court orders that Suffolk County allegedly ignored while continuing to enforce its policies. For instance, in LaMarco v. Suffolk County, Judge Gary R. Brown criticized the county's stance on similar issues and directed it to reconsider its position in light of recent Supreme Court rulings like New York State Rifle & Pistol Ass’n v. Bruen (2022). Despite this directive, Suffolk County reportedly defaulted on providing a supplemental brief as ordered by the court.
Webber seeks multiple forms of relief from the court: declaratory judgments stating that Suffolk County’s policies violate the Second Amendment; preliminary and permanent injunctions preventing further enforcement of these policies; compensatory damages; nominal damages; economic damages; punitive damages against individual defendants; and reimbursement for legal costs and attorney fees.
Representing Webber is Amy Bellantoni from The Bellantoni Law Firm, PLLC. Case ID 2:24-cv-06387-JMW.