A federal lawsuit has been filed accusing a county in New York of violating constitutional rights by unlawfully seizing and withholding firearms. The complaint, lodged by attorney James M. Maloney on behalf of John Burke and Elizabeth Burke, was filed in the United States District Court for the Eastern District of New York on September 11, 2024, against Nassau County.
John Burke, who held a valid pistol license since 1992, encountered legal trouble following an incident at a bank on December 19, 2017. Although he was neither arrested nor charged, the terms of his pistol license required him to report any police-involved incidents to the Nassau County Police Pistol License Section. His failure to do so led to the suspension of his license pending an investigation. In compliance with this suspension, John voluntarily surrendered his handguns to Nassau County but has since been unable to retrieve them or ensure their proper maintenance.
Over the years, John has made multiple attempts through state courts to resolve this issue. His first petition was denied by Judge Leonard D. Steinman in December 2021 as premature due to an incomplete investigation. Despite a final order from Judge James P. McCormack in May 2023 mandating that Nassau County either conclude its investigation or restore John's firearm rights within 30 days, the county failed to comply. Instead, John received a backdated notice in March 2024 revoking his pistol license on grounds of failing to maintain "Good Moral Character," with no opportunity for appeal as the stated appeal period had already expired.
Elizabeth Burke also faces similar challenges; her own pistol license was suspended under similar circumstances and remains unresolved despite court orders demanding timely determinations from Nassau County authorities.
The Burkes' lawsuit alleges violations of their Second Amendment right to bear arms and Fifth Amendment right against deprivation of property without due process. They argue that Nassau County's actions are arbitrary and capricious and seek declaratory and equitable relief from the court.
Represented by attorney James M. Maloney from Port Washington, New York, the plaintiffs request that the court assume jurisdiction over this case and award them appropriate relief for these alleged constitutional violations.