In an update to a Suffolk County Second Amendment case that South Shore Press has been following for months, Steven I. Locke United States Magistrate Judge finalized an order against Suffolk County for using an unconstitutional policy to deny plaintiff, Brett Milau, a pistol permit.
In Brett Milau’s Second Amendment case, where Suffolk County used an unconstitutional policy to deny him a pistol permit. While a previous case (LaMarco v. Suffolk County) only applied to the unconstitutional taking of the LaMarco’s pistol permits, this ruling applies county wide to all residents who can legally own a firearm.
The Milau case is an across the board victory declaring the entire policy of using a disqualified third party as a lever to keep another person from lawfully having a permit and firearm unconstitutional.
“Suffolk County has, for decades, interfered with the rights of individuals to possess firearms based on their cohabitation with a prohibited person. We are very pleased that the federal court has found Suffolk County’s policy unconstitutional and has issued a final order permanently enjoining the County from enforcing or implementing such a policy in the future,” said Amy Bellantoni of Bellantoni Law Firm who represented Milau.
The final order says loud and clear that the County agencies may no longer uses these unconstitutional grounds for removing a person’s Second Amendment rights.
The ruling reads, “That Defendant County of Suffolk and its officers, agents, servants, employees, and all persons in concert or participation with them who receive notice of this Order are permanently enjoined, effective immediately, from adopting and/or enforcing any orders, resolutions, ordinances, policies or practices which have the purpose or effect of prohibiting an individual’s ability to possess firearms based solely upon a cohabitant’s status as statutorily prohibited from possessing a firearm.”
Suffolk County did not convince the court that their practices were consistent with the Second Amendment and the ruling went against them. Financial damages will also be paid by Suffolk County.
The case involves actions related to the First, Second, Fourth, and Fourteenth Amendment claims against the Suffolk County defendants.
Defendants in the case include Suffolk County, Commissioner Timothy Sini, Individually, Sgt. William Walsh, Individually, Police Officer “John” Molinari of the Pistol Licensing Bureau, Individually, Captain Williams Scrima, Individually, and “John Doe”, Commanding Officer of the Suffolk County Property Section.