N.Y. Dad Who Had Pistol License Suspended Over Comments Made by 10-Year-Old Son Will Likely Take Legal Action Against Police

(www.suffolkauxiliarypolice.com)

The New York father who had his pistol license suspended indefinitely over a perceived threat made by his 10-year-old son and two other students will likely pursue legal action against the Suffolk County Police Department and possibly the Happauge Public School District, the father's attorney told TheBlaze Tuesday.

John Mayer, of Commack, N.Y., could be without his handguns until his 10-year-old son moves out of the house, which could be 8 years or longer. The so-called incident occurred on March 1. TheBlaze was the first to report this story:

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.

Mayer told TheBlaze that a teacher overheard the students talking and informed the principal, who then immediately called police and filed a report. He said the principal told police something to the effect of, there’s a “kid with a gun, ready to go.” Mayer maintains that no serious death threats were made by the students. The Hauppauge Public School District has not returned several messages left by TheBlaze, therefore, it is not clear what they are claiming was said.

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It was later determined that the 10-year-old boys did not have access to a BB gun, paintball gun or any actual firearms.

The school’s principal later informed the father that his son would be suspended for two over for the incident.

Contrary to some inaccurate reports currently circulating, the Suffolk County Police Department did not confiscate any of Mayer's firearms. New York firearms attorney James Murtha, Mayer's lawyer, set the record straight.

"The Suffolk County Police Department to my knowledge did not have the opportunity to confiscate any of firearms," Murtha told TheBlaze. "John Mayer was able to think quickly and transfer the ownership of his weapons before any action could be taken."

The Happauge Public School District and the Suffolk County Police Department previously responded to inquiries made by TheBlaze, however, neither provided much additional information. Murtha said school officials have been reluctant to provide him any information either, citing federal privacy law.

“I am in receipt of your email,” Superintendent Pat Kriss wrote in an email to TheBlaze. “Please be advised that the Hauppauge Public School District followed appropriate protocols with respect to this matter. The District is guided by the Family Educational Rights and Privacy Act, a federal law that protects the privacy of students, and thus cannot provide comment relative to any of its students.”

Read SCPD’s entire statement provided to TheBlaze below:

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.

The popular firearms website LongIslandFirearms.com has set up a donation page to help cover Mayer's legal fees.

TheBlaze will continue to monitor this story.