A lawsuit has been filed against Suffolk County, New York, challenging the constitutionality of its firearm policies. The complaint, filed on Nov. 7, 2024, in the U.S. District Court for the Eastern District of New York, accuses the county and several officials of violating the plaintiff's Second, Fourth, and Fifth Amendment rights through an unconstitutional municipal policy.
The lawsuit centers on Suffolk County’s “Cohabitant Policy,” which the plaintiff claims restricts gun ownership based on the actions or status of individuals living with the licensee.
William J. Guido, the plaintiff, argues that the policy led to the suspension of his pistol license and the confiscation of his firearms without criminal charges or a dangerousness hearing.
The incident took place on June 20, 2024, when police responded to a medical emergency involving Guido’s wife at their home. Despite no crime being committed, Officer Jane Campbell informed Guido that his pistol license had been suspended due to the police response.
Guido contends that these actions violated his constitutional rights. He claims the suspension and confiscation of his firearms infringed upon his Second Amendment right to bear arms and his Fourth Amendment protection against unreasonable seizures. He further argues that the retention of his firearms without due process constitutes an unlawful taking under the Fifth Amendment’s Takings Clause.
Guido seeks several forms of relief, including a court declaration that Suffolk County’s policies are unconstitutional and an injunction to prevent their enforcement. He is also seeking compensatory damages for economic losses and punitive damages against the individual defendants for their roles in enforcing the policies.
Guido is represented by Amy Bellantoni of The Bellantoni Law Firm PLLC. Case I.D. 2:24-cv-07766.