Anna Bradley-Smith  |  June 18, 2021

Category: Legal News

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Gun Owners Accuse Top New York Police Officers, New York City of Violating Second Amendment
(Photo Credit: Nomad_Soul/Shutterstock)

Four New York gun owners have filed a class action lawsuit against top police leaders and the City, accusing them of violating the Second Amendment by stopping gun owners from carrying handguns in public places.

The class action lawsuit was filed in New York on June 16 by Plaintiffs Jason Frey, Brianna Frey, Jack Cheng, and William Sappe, who allege Acting Superintendent of the New York State Police Kevin P. Bruen, NYPD Police Commissioner Dermot Shea, and New York City violate Second Amendment gun laws with provisions in the New York State Penal Law.

According to the class action lawsuit, New York State’s handgun licensing scheme under Penal Law “unconstitutionally infringes upon the preexisting individual right” of the group members to “bear arms” for self-protection by banning the unrestricted open carriage of a handgun; criminalizing the open carriage of a handgun; and restricting the validity of an unrestricted carry license based on the county of issuance.

Westchester County residents Jason Frey and Brianna Frey both have pistol licenses restricted to “sportsman,” meaning they can only carry their handguns inside of their homes, to and from target shooting, and during sporting activities.

In 2019, both Jason Frey and Brianna Frey filed an amendment to remove the restrictions on their New York State pistol license to allow for unrestricted concealed carry, the claim states. Both parties filed the application following “a physical and verbal attack in June 2018.”

Both had their amendments denied, with licensing officers saying neither met the “proper cause” standard because they had “not demonstrated a need for self-protection distinguishable from that of the general public.”

Both Jason Frey and Brianna Frey want to “exercise their right under the Second Amendment to bear arms in public” or otherwise for self-protection without having to justify carrying their guns, the class action lawsuit states.

Cheng, a resident of Nassau County, is a U.S. Army veteran who holds a New York State handgun license. Cheng owns several businesses in New York City, including a restaurant, hotels, commercial office spaces, residential apartment buildings, store fronts, and was issued a concealed carry license related to his businesses by the NYPD License Division over 15 years ago, the claim says.

However, when he had to recertify his concealed carry license in 2019, it was denied due to a lack of “proper cause.

Cheng also says that he wants to carry his gun for protection without being told by the government how to do so.

Orange County resident Sappe says in the claim that he transports substantial amounts of cash, diamonds, and jewelry for high-end jewelers in the Diamond District of New York City, across the five boroughs and states, and into other states, including California and Nevada.

In October 2018, Sappe applied to the NYPD License Division for an endorsement of his NYS concealed carry license, however it was denied due to lack of “proper cause” and Sappe not having the “moral character” (due to previous dismissed criminal charges and his driving history) for the issuance of a handgun license, the claim states. Sappe cites a defunding of the NYPD and so-called “roaming, armed gangs” as reasons to carry his gun.

The gun owners allege that the New York Penal Law violates the Second Amendment by criminalizing the “mere possession” of handguns, in public or private. They add that the law subjects individuals who are not prohibited by law from possessing firearms to incarceration, forfeiture of their right to possess firearms in the future, and “other unconstitutionally punitive consequences.”

Without the requested declaratory and injunctive relief, the group will continue to suffer irreparable harm, they allege in the class action lawsuit.

They are suing for violations of the Second Amendment and seek declaratory and injunctive relief, compensatory damages, costs, disbursements, and statutory attorney’s fees.

The NYPD is facing a raft of legal actions, including a number of class action lawsuits accusing officers of using excessive force on Black Lives Matter demonstrators following the murder of George Floyd in Minneapolis.

Do you think people with a pistol license should be able to carry their handguns in public spaces? Let us know in the comments section!

The gun owners are represented by Amy L. Bellantoni of The Bellantoni Law Firm, PLLC.

The Second Amendment Violation Class Action Lawsuit is Frey, et al., v. Acting Superintendent of the New York State Police Kevin P. Bruen, et al., Case No. 7:21-cv-05334, in the U.S. District Court Southern District Of New York.


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3 thoughts onGun Owners Accuse Top New York Police Officers, New York City of Violating Second Amendment

  1. Second Amendment Attorney says:

    I hope they prevail. New York’s pistol licensing laws are among the most draconian in the country. It is left to the whim of the licensing officer to deny a pistol license for “moral character.” This, on its face, violates the Second Amendment. These litigants have a right to carry their handguns, not just in their homes or to and from a range, but for all legitimate purposes, the most common of which is self defense. New York City, in particular, needs a constitutional wake-up call.

  2. Second Amendment Attorney says:

    I hope they prevail. New York’s pistol licensing laws are among the most draconian in the country. It is left to the whim of the licensing officer to deny a pistol license for “moral character.” This, on its face, violates the Second Amendment. These litigants have a right to carry their handguns, not just in their homes or to and from a range, but for all legitimate purposes, the most common of which is self defense. New York City, in particular, needs a constitutional wake-up call.

  3. Someone that knows them well says:

    This guy and his wife are full blown alcoholics that feel it is ok to carry a hand gun to a kids party while not carrying a full carry permit. They are not responsible gun holders by any imagination and should not be aloud to even own a target permit

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