BELMONT – Three days after New York State’s Red Flag Law officially went into effect, 2AWNY.COM registered the first victory against the laws.
Conceding on Tuesday that the signed affidavit that forced Red Flag-style gun confiscation against former Town of Allen Justice Bridgette A. Tojek was based on hearsay and conjecture, Allegany County Judge Thomas P. Brown restored Tojek’s pistol permit, and directed Allegany County Sheriff Ricky L. Whitney to return the firearm his deputies forcefully seized from her on Thursday, June 13.
Brown came to this decision without holding a formal hearing, and is requiring Tojek to complete the firearms training course she was scheduled to attend just prior to her permit being unlawfully suspended.
“This court victory, masterfully crafted and executed by Attorney James Ostrowski, clearly demonstrates that Red Flag-style gun confiscation statues absolutely will result in abuse and overreach because they allow the subjective judgement of a single court official to unilaterally decide the fate of an individual’s civil rights,” 2AWNY.COM Civil Rights Advocate Steve Felano said. “As Ms. Tojek’s case illustrates in graphic detail, the subjective analysis of a judge falls victim to personal and political biases that result in annihilation of constitutional protections. This is unacceptable and will not stand.”
Tojek was denied her fundamental First, Second, Fourth, and Fourteenth Amendment civil rights under the U.S. Constitution, Felano said. Between Tuesday, April 23, 2018, and present day, Tojek has suffered the following civil rights abuses, and others, at the hands of a cabal of autocratic government thugs clearly employing official power to secure personal and political revenge, Felano said:
Felano said Tojek was threatened with unjustified pistol permit denial by Allegany County Judge Terrence M. Parker for “continually disparaging me and my family publicly in her Court and in Town meetings.” This groundless threat was forced on Ms. Tojek in retaliation for her actions of free speech protected by the First Amendment to the U.S. Constitution, he said.
In addition, Felano said she was punished by Allegany County Judge Thomas P. Brown with preemptive and baseless pistol permit suspension in order to settle a personal and political score. This act of ex parte collusion between town and county officials was devoid of due process for Tojek, and violated her Second and Fourteenth Amendment protections under the U.S. Constitution, he explained.
Felano also said Tojek was “victimized by Allegany County Sheriff Ricky L. Whitney in an ill-founded firearms seizure executed at Ms. Tojek’s home, simply because she is disfavored by town and county government officials.”
“This act of totalitarian gun confiscation and unreasonable search and seizure violated Ms. Tojek’s Second and Fourth Amendment protections under the U.S. Constitution.”
He said that ahead of Tojek’s August 7 preliminary conference and August 27 appearance at the Allegany County Courthouse, Attorney James Ostrowski, Tojek’s attorney and the lawyer responsible for reversing the state’s first ever SAFE Act conviction, demanded a reply from the Court regarding how the aforementioned proceedings would be structured. The Court’s reply, authored by Court Attorney Michael Regan, provided substantial insight into how the New York State Unified Court System conspires with the state legislature to circumvent the Second Amendment civil rights of Tojek and all New Yorkers, he said.
The Court claims a determination to revoke Ms. Tojek’s pistol permit can be based on hearsay.
“It is rather astonishing that the Court would admit this, and demonstrates very well why the state pistol permitting regime and Red Flag gun confiscation statute are unconstitutional, designed to deny New Yorkers their Second Amendment civil rights to the greatest extent possible, and must therefore be nullified via non-compliance, non-enforcement, and repeal,” Felano said.
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