Long Island parents whose daughter reported depression can get guns back, judge rules

After a middle schooler on Long Island told a school counselor she was feeling depressed in February 2023, police ordered her parents to turn over their guns and suspended their pistol licenses while they investigated the child’s safety.

The parents complied, but later sued Nassau County, claiming police violated their Second Amendment rights. Last week, a federal judge agreed with them and decided that the parents are entitled to get their guns and licenses back.

The ruling spotlights the challenges local governments face as they try to keep people safe from gun violence while also protecting gun owners’ rights. It comes as courts continue to scrutinize what types of gun regulations are allowed in an evolving legal landscape.

Attorneys on opposite ends of the political spectrum disagreed about the merits of the ruling and its potential impact. Second Amendment lawyer Peter Tilem said the decision bolsters gun owners’ constitutional rights.

“ Just because you live in a house with someone who is a danger to themselves or others doesn't mean that everyone in the house loses their rights,” said Tilem, who often represents gun owners.

In contrast, an attorney who advocates for gun safety policies called the ruling “dangerous,” “legally vulnerable” and likely to be overturned on appeal.

“This is failing to protect a child,” said Douglas Letter, chief legal officer at the gun reform group Brady.

The Nassau County Police Department declined to comment on pending legislation. Nassau County Executive Bruce Blakeman, a Second Amendment supporter running as the Republican candidate for governor, said in a statement that officials are “reviewing our processes to make sure there is no interference with constitutional rights.”