The Blaze Writes Least Informative Story Ever

The Blaze has the type of story that makes gun owners go "see! we told you!" with a side helping of "and schools today just ain't right either.

John Mayer, of Commack, N.Y., told TheBlaze that the incident occurred on March 1. It was like any other day, the father explained. He put his son on the bus and sent him off to school.

It was like any other day. IT WAS LIKE ANY OTHER DAY. It's the type of sentence that you normally see in an Onion parody of poor journalism. 

Later that day, Mayer got a call from school officials at Pines Elementary School informing him that his 10-year-old son and two other students were talking about going to a boy’s house with a water gun, “paint gun” and a BB gun. There had reportedly been a school yard pushing incident the day before involving the boys, excluding Mayer’s son, and they were seemingly talking about getting even in some way...

The Hauppauge Public School District has not returned several messages left by TheBlaze, therefore, it is not clear what they are claiming was said.

And the school district CAN'T comment on what actually happened because of FERPA.  Of course by leaving out that detail it makes it seem like the school is hiding something sinister.

The following Monday, Mayer got a call from the Suffolk County Pistol Licensing Bureau. He was reportedly told that his license would be suspended and police would arrive at his house the next morning to retrieve his handguns...

Mayer’s pistol license has been suspended until further notice and he says officials have informed him that the suspension could last until his son moves out of his home. His son is only 10-years-old, meaning it could be eight years or longer before his license is restored.

Um.... No. That is not how administrative law works. I am not contesting that Mr. Mayer said that. I'm not contesting that he believes that is what he was told (or even that maybe that was what he was told). But it does not work that way.

Your gun license is a property interest for you. Which means the government can not take it away without a due process hearing. If this is accurate then it is terrible. The father shouldn't lose his gun license because of his son talking about guns at school. Of course, I seriously doubt that is what is happening. Because, shockingly, you actually have a due process right to keep your gun license. And the government can not just remove it without following the proper procedures.

Article 530, section 530.14 of the NY Law discuss this hearing. Within 2 weeks of the suspension Mr. Mayer will receive a letter explaining what he is being accused of violating. If he challenges the facts alleged he will ask for a hearing before an administrative law judge. Both sides will present the facts. A decision will be made on the facts and what the sentence should be (considering any mitigating factors). This is how the law works. It is boring, I know, but it is what happens. And while I understand the My. Mayer doesn't know this, I would hope the Blaze would do more than just repeat what they heard from someone. You know, look into how the suspension process works. Do some journalism. Or something.

Because, if the facts are exactly as expressed by Mr. Mayer, he won't lose his license. I looked up the Suffolk County licensing rules.  There is nothing about having a kid who gets in trouble at school. However, the grounds for license suspension or revocation includes "Failing to comply with the regulations and restrictions in this handbook." That would include all of the incidents that require notification to the licensing bureau such as "When either the license holder or any member

of his/her household has received professionaltreatment for mental health issues (including depression). Notification must be made as soon as reasonably possible" 

 

So, if as part of his son's trouble with school, the boy was given professional psychiatric treatment, and Dad didn't report it, that could be a violation. Or, if they discovered something else during the initial incident at school (like the fact that the family has moved and not updated the address on the handgun license) that could be a reason to suspend the license. 

 

Here's a totally theoretical possibility that would make sense: school reports kids talking about guns (as they SHOULD). Police investigate to make sure that the parents know about it and can take proper precautions. Part of that involves talking to the Dad. They learn he has a handgun license and that he hasn't changed his address on it when the family moved. That would be a technical violation that would lead to a suspension. Our hypothetical situation might mean that the school incident caused the suspension, it was not the proximate cause of it. Not changing the address was the cause. For example. 

 

But what The Blaze should have done is waited to report until they knew what the actual charge was. Instead of an account by one guy based on what he was told by people who aren't actually involved in the case. The police who came to his house are not administrative officers who are hearing the case. It would be like sending the police to get back the property you were given in a divorce decree from your spouse and expecting them to know the specifics of the case. They are just following a specific order. They aren't privy to the details.

 

But they didn't. And look forward to reading about this case as an example of everything wrong with America. But remember to check back in about 2 weeks when that notice will have shown up. Bet
the story fades away then.