X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER   Defendant Paul Elmowsky (“Defendant”) is charged by Indictment on one count of knowingly receiving and possessing a firearm that was not registered to him in the National Firearms Registration and Transfer Record, in violation of 26 U.S.C. §§5845(a)(4) and 5861(d). (Indictment, ECF No. 8.) Before the Court is Defendant’s Motion to Suppress a firearm seized from his home on December 31, 2018 as well as statements that Defendant made to law enforcement that same day (the “Motion”). (Motion to Suppress, ECF No. 22; Memorandum of Law in Support of Defendant’s Pretrial Motions, (“Def. Mem.”), ECF No. 24). For the following reasons, Defendant’s Motion is GRANTED in part and DENIED in part. BACKGROUND The facts herein are taken from the Complaint, Indictment, Defendant’s Motion, including Defendant’s affidavit (“Def. Aff.,” ECF No. 25), and the Government’s Response to Defendant’s Motion (“Gov. Opp.”, ECF No. 26). On December 28, 2018, the Rockland County Sheriff’s Department petitioned for the suspension of Defendant’s pistol permit. (Compl. 4(a).) On December 31, 2018, Rockland Supreme Court Justice Thomas E. Walsh issued a suspension order invalidating Defendant’s pistol permit (“Suspension Order”). (Id. 4(b); Gov. Opp., Ex. A.) The Suspension Order directed Defendant to surrender his permit and weapons “immediately.” (Gov. Opp., Ex. A.) That same day, the Rockland County Sheriff’s Office, New York City Police Department and Orangetown Police Department went to Defendant’s home in Nyack, NY to enforce the Suspension Order at approximately 4:35pm. (Compl. 4(c); Def. Mem., Ex. A (“Bill of Particulars”) at 1.) Defendant contends that “approximately 15-20 law enforcement officers from various agencies, without a search warrant…stormed through my front door with guns drawn, handcuffed [sic] and I was forcibly placed into custody.” (Def. Aff. at 1.) In addition to recovering permitted pistols, the officers recovered an Uzi 9-millimeter firearm (the “Uzi”), a weapon not registered to Defendant in the National Firearms Registration and Transfer Record. (Compl.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

Texas Tech University School of Law, Lubbock, Texas Summary Information The School of Law at Texas Tech University invites applications f...


Apply Now ›

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›

The George Washington University Law School invites applications for tenure-track or tenured clinical faculty appointment, at the rank of As...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›