Blaze Updates Handgun Story, Still Doesn't Count as News

I wrote (okay ranted) about The Blaze's story of John Mayer, a New York State man who claimed that his handgun license was suspended for 8 years because his son talked about bringing a water gun to school. At the time my main complain was with the fact that the story wasn't really one. It was a series of accusations made by Mr. Mayer and repeated by the conservative news organization.

Look, the internet is a series of people saying things that they can't back up. I get that. I try to correctly source the shit I say, but this isn't actually a job for me. It is a thing I do because my friends got tired of me talking to them about this stuff. Or wanted a way to send my thoughts to other people.

But I am also not claiming to be some journalistic entity the way The Blaze is. If you are just a message board where people can tell their one-sided stories about how they were wronged, that is fine. But if you are trying to have the prestige and respect that comes with being called a news site, instead of just a message board, then you have to at least do some level of reporting. In my original post, I complained that the Blaze called the school looking for a response, either unaware of the fact that the school couldn't legally comment because of FERPA or trying to make the schools lack of comment suspicious. They also didn't do any research on what may have actually happened, or else they would have realized that the suspension could be challenged in a due process hearing and that the son's trouble at school would not have resulted in the suspension under the agency rules.

Well, today The Blaze has updated the original story. To include a response from the school, which can't give any details because of FERPA. Just like I said. They also  got a response from the licensing bureau.

The Suffolk County Police Department does not believe that John Mayer poses a threat to himself or others.

Due to privacy issues, the Suffolk County Police Department cannot comment on the specifics of the ongoing investigation regarding Mr. Mayer’s pistol license suspension. No Final Agency Determination has been made at this time with respect to the status of Mr. Mayer’s New York State pistol license. The Suffolk County Police Department’s Pistol Licensing Bureau has licensing authority over handguns only.

The Suffolk County Police Department is respectful of, and compliant with, the Second Amendment, New York State law and case law as it pertains to an individual’s right to bear arms. The Suffolk County Police Department also has an obligation to ensure the safety of people in the community, especially children, while this investigation continues.

When a final determination is made, and If Mr. Mayer disagrees with the Department’s Final Agency Determination, he would be entitled to an administrative hearing or other legal recourse in this matter.

In other words, his license wasn't suspended until his son is out of the house. They have simply started an investigation and it was suspended as a part of that. When the agency is done with the investigation they may decide that his license can remain, or that he will have to give it up. If they decide that he will lose his license he will have a chance to appeal that decision in an administrative hearing. The letter didn't say this, but I can add in what happens here because I took 5 minutes to look it up. He can contest the facts and get a hearing before a hearing office/ALJ for a finding of fact. Or he can simply say that the sentence is wrong and go to the agency head to explain the mitigating circumstances.

In any case, the story wasn't yet ripe when The Blaze ran with it the other day. It still isn't ripe. The story isn't "Government Takes Man's License Because Schools Are Dumb" (which is pretty much what they ran with at first). It is, government investigation ongoing. Might be nothing. Why don't you wait until something actually happens to write about it. And that isn't a story. That is what happens thousands of times every day in the country.

Mr. Mayer's story MIGHT end up being an example of government overreach. Or, it might end up being an example of the system working correctly (remember, we still don't know WHY the license was suspended because the agency investigation isn't over). But nobody will remember what the story ends up being because they will just remember the initial headline. What is the harm from waiting for the story to actually develop before reporting it? Nothing. But by reporting it early a lot of people are harmed by having the wrong impression of what happened. 

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.