From Wysocki v. Nassau County, decided Tuesday by Judge Sanket Bulsara (E.D.N.Y.):
Dennis and Lisa Wysocki were issued New York State pistol licenses by the Nassau County Police Department's ("NCPD") Pistol License Section ("PLS") in September 2017 and February 2021 respectively. In 2022, both applied for and were issued unrestricted concealed-carry pistol licenses.
The Wysockis live with their minor daughter, who was in middle school in February 2023. On February 8, 2023, their daughter told a school counselor she had been feeling depressed and described past thoughts of harming herself using a rope. The counselor asked her if there were firearms in the home, and she confirmed their presence.
On February 10, 2023, the Wysockis took their daughter to the Cohen Children's Medical Center. She was evaluated by psychiatrist Dr. Joshua Stein who concluded she "does not represent an imminent danger to self or others" and could return home. On February 11, 2023, Child Protective Services ("CPS") caseworkers and NCPD officers visited the Wysockis' home in response to the school report. The NCPD officers examined their gun safes, confirming that the firearms were stored in locked safes with trigger locks.
On February 13, 2023, Dennis Wysocki called the PLS and spoke with Officer Vito Scaglione ("Scaglione") to report his daughter's comments and the visit from the police. He relayed that the officers had examined the safes, confirmed that their firearms were properly stored, and that his daughter had been evaluated and discharged by Dr. Stein as not an imminent danger to herself or others.
During the phone call, Scaglione informed Dennis that their pistol licenses were going to be suspended given their daughter's expressed thoughts of self-harm and that they would have to surrender their guns. That same day, the Wysockis took their firearms to a federal firearms licensee for safekeeping and went to the PLS office to provide Scaglione with a receipt confirming this transfer.
Scaglione instructed the Wysockis to prepare written statements. He also gave them each a "Notification of Pistol License Suspension" stating that their pistol licenses had been suspended in accordance with New York Penal Law § 400.00 and the PLS Handbook Chapter 1, §§ I(1) and I(2). The Notices advised them that the PLS would investigate the suspensions and during that period they were required to surrender their guns.
Chapter 1, Section I of the PLS Handbook states:
Pursuant to NYSPL § 400.00(11), a pistol license issued by the Nassau County Police Department may be revoked and cancelled by the Commissioner of Police at any time. Furthermore, a person whose pistol license is suspended or revoked for any reason is required to surrender their license and firearms, including their rifles and shotguns, to the NCPD Pistol License Section.
Subsection 1 details circumstances for automatic revocation including when a licensee is convicted of a felony or deemed mentally unfit. Subsection 2 provides for discretionary revocation: a pistol license "may be suspended and/or revoked based upon evidence of any disqualification pursuant to this Handbook or applicable law." It is NCPD policy to "immediately suspend the pistol license of any licensee who violates any of the terms and conditions of the license or [the] Handbook and commence an investigation to determine whether or not the license should be revoked."
The PLS Handbook requires a report to the PLS when "the licensee or a member of the licensee's household receives professional treatment for mental health issues (including depression)" or is admitted to a hospital for mental-health treatment. Lieutenant Marc Timpano testified that PLS officers have discretion when deciding whether to suspend a pistol license, and that PLS uses the Handbook as a "guide" when making suspension determinations, including whether to act after reports of a mental health incident.
The Wysockis submitted the statements explaining the incident with their daughter, along with Dr. Stein's letter on February 14, 2023. They then submitted on April 18, 2023 a letter from CPS that the investigation was closed as "unfounded." Scaglione instructed them to provide a letter from their daughter's treating doctor stating that it was safe for her to live in a home where guns are kept, and that he would continue the investigation and would see them "in about 8–12 months."
In June 2023, Dennis informed the PLS that they were unable to obtain a letter from a doctor stating that it was safe for their daughter to live in a home with firearms. The Wysockis maintain that Scaglione informed them that even with such a letter, their licenses would not be reinstated until they purchased two biometric safes, which they have no intention of purchasing, and that if their daughter "ever did anything like this again" they would never have their licenses returned. The Wysockis' pistol licenses remain in suspended status and the PLS investigation remains open.
