Court Ruling in LaMarco v. Suffolk Changes CCW Permit Process for Applicants with Mentally Ill Cohabitants

A recent court case, LaMarco v. Suffolk, has significantly impacted how Suffolk County handles the issuance of concealed carry weapon (CCW) permits for individuals living with someone who has a history of mental illness. This case, brought under 42 U.S.C. § 1983 by plaintiffs Thomas and Diane LaMarco, challenged the County's policy of denying or suspending pistol licenses based solely on the mental health status of cohabitants.

Suffolk Residents

To understand if there are lingering issues, Amy Bellantoni, the attorney spearheading this case has asked us to reach out to the community and ask them to step forward in the following situations:

  1. Have been denied a pistol license since October 1, 2024, or

  2. Had a license suspended or revoked since July 2024 that has not yet been reinstated, and

    Believe this action was due to living with someone who has a firearm prohibitor or related to Question #45 on the application questionnaire.

Key Policy Change: Mental Illness No Longer a Sole Disqualifier

As part of the resolution, the Suffolk County Police Department has restored the LaMarco plaintiffs' pistol licenses. More importantly, the Department has implemented a pivotal policy shift: applicants and license holders will no longer face automatic denial or suspension of their pistol licenses solely because a cohabitant has a history of mental illness. This is provided that no court orders exist restricting weapon possession in the residence.

This change reflects a broader commitment to fairness and individualized assessments in pistol licensing. It addresses concerns raised by the plaintiffs and aligns Suffolk County’s policies with constitutional protections. However, the Department emphasized that restrictions would still apply where legally mandated, such as under court orders related to firearms or public safety concerns.

Broader Licensing Reforms on the Horizon

The case has also prompted Suffolk County to reevaluate other aspects of its pistol licensing process. The Police Department is working on additional reforms to simplify the licensing procedures. These changes, potentially spurred by similar claims in related litigation (Milau v. County of Suffolk), underscore a growing trend toward transparency and efficiency in firearm licensing.

Foundation For A Safer NY & You

Foundation For A Safer NY is focused on 2nd amendment advocacy, defending your right to keep and bear arms and ensuring they are respected and upheld. We understand the critical importance of these rights for personal protection and individual freedom. As part of our mission, we actively work on challenging unjust policies, advocating for fair and transparent firearm regulations, and supporting legal efforts like LaMarco v. Suffolk that promote gun ownership. We will continue to fight for progress, ensuring that your rights are not only protected but expanded. One key way we do this is by having group and private classes which will help fund future lawsuits. If you’re considering signing up and getting a concealed carry permit, please take a look here:

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12/04/2024 - Mills v. NYC Update & Dismissal

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Antonyuk v. Hochul Injunction Updates 10/24/2024