The U.S. judicial system is meant to be apolitical and to apply constitutional protections without bias, but the role of human arbiters makes this standard difficult, to say the least.
Judges should protect individual rights consistently, but there are enormous differences in how they apply the Second Amendment. Some harken back to the Founding Era, as Bruen demands, but too many others warp their decisions by basing them on modern political activism.
That’s why a New York court’s ruling last week is a surprising breath of fresh air.
Family’s firearms confiscated over daughter’s mental health concerns for three years
U.S. District Judge Sanket Bulsara on Tuesday sided with a Long Island couple whose weapons were confiscated and held for over three years. Dennis and Lisa Wysocki’s middle school daughter expressed suicidal thoughts, and this resulted in the Nassau County Police Department’s Pistol License Section (PLS) taking their firearms.
Long Island officials demanded that the Wysockis secure a mental health evaluation for their daughter and purchase two biometric safes to lock away their firearms.
Judge found the nation’s history and tradition did not justify seizing and holding firearms
Physicians concluded that the minor was not in danger of self-harm, but authorities brushed the evidence aside. Both parents received a “Notification of Pistol License Suspension.”
Bulsara corrected this clear infringement of gun rights with a scathing rebuke in his summary judgment. The judge wrote that law enforcement officials “present[ed] zero evidence that the PLS’s actions are consistent with the Nation’s historical tradition of firearm regulation.”
There are instances when unbiased logic and reason from the most surprising sources. Empire State courts habitually uphold clearly unconstitutional laws and regulations, usurping the right to keep and bear arms.
Bulsara relied on the U.S. Supreme Court’s 2024 Rahimi ruling. The high court reversed an appeals court decision and established that firearms may be confiscated if the owner is subject to a restraining order for domestic violence concerns.
However, Bulsara noted that local authorities justified their alarming actions with the daughter’s “mental health emergency and her danger to herself, based on firearms owned by others.”
He blasted the PLS decision as “entirely arbitrary or unlawful—it is based not on any existence of mental health treatment or even current threat that the daughter poses to herself or others.”
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