The daughter of a person holding a pistol license in Nassau County sought a protective order fearing the parent and when the court issued the protective order the seed of this case began to germinate. The police pursuant to policy sought to recover the pistol for which the license was issued and suspended the license. When the domestic protective order was dissolved the police did not return the pistol. An appeal followed and the appeal resulted in a conclusion that the pistol could not be returned and the license should be revoked. The allegation by the pistol owner was that the appeal was lacking in due process including allegations that the pistol owner was not allowed to present evidence to contradict allegations made in the record of the proceedings. Long story short, 2nd Circuit holds that the lower court was wrong to dismiss the complaint against the police because the 2nd Amendment is a personal right. The lower court concluded that because Nassau County did not deny all persons the right to bear arms there was no violation and also concluded there was no Monell liability. The 2nd Circuit concluded that Monell did not prevent the county from being liable as its policies were a direct basis for the 2nd Amendment violation. Citation below for your review in case I screwed this up. Bear in mind that while the facts look bad, the court is reviewing this on the basis of the allegations, not the evidence. 20-1027-cv<https://www.ca2.uscourts.gov/decisions/isysquery/59e4b3e2-4748-482d-8335-7b03ec39070f/5/doc/20-1027_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/59e4b3e2-4748-482d-8335-7b03ec39070f/5/hilite/> Henry v. Nassau County Charles W. Thompson, Jr. General Counsel & Executive Director D: 202-742-1016 P: (202) 466-5424 x7110 M: (240)-876-6790 [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's fully virtual 2021 Mid-Year Seminar<https://imla.org/seminars/>, April 19-23, 2021 IMLA's 86th Annual Conference<https://imla.org/annual-conference/>, Sept. 29-Oct. 3, 2021 in Minneapolis, MN