Rome liquor store owner's guns seized for one year under red flag law

A State Supreme Court Justice on Wednesday extended his temporary order, seizing a Rome liquor store owner's guns for one year, and suspending Liquor Warehouse owner Michael DeShane's unrestricted gun license for one year.

Posted: Feb 26, 2020 6:17 PM
Updated: Feb 27, 2020 2:00 PM

ROME, N.Y. -- A State Supreme Court Justice on Wednesday extended his temporary order, seizing a Rome liquor store owner's guns for one year, and suspending Liquor Warehouse owner Michael DeShane's unrestricted gun license for one year.

Michael DeShane is the man seen in a local viral video that circulated on social media, trying to diffuse the situation when his son, Jason DeShane, began shouting and making threatening statements toward a female employee, who recorded the conversation on a cell phone. That video, however, was not the basis for the NYS Supreme Court Justice Patrick MacRae's decision, and was never referenced in court Wednesday. The judge cited, and witnesses testified about, a police report Jason DeShane had made to Rome Police in late November, claiming that his father threatened him in the presence of one of his guns. Jason DeShane testified about the police report in court Wednesday.

Michael DeShane's attorney, Nicholas Passalacqua, says that this case is not about keeping guns away from his client, who is an exemplary gun owner; he says it is about making sure his client's son doesn't have access to his father's guns.

"Absolutely. It's not coincidental that Michael's temporary application for a temporary extreme risk protection order was filed in conjunction with that of his son, only days after this video was shared, that shows my client being completely composed, and responsible, trying to diffuse the situation with his son," said Passalacqua. "But for Jason DeShane's actions that were published all over Facebook, there would never have been, I firmly believe there would never have been, an application for a temporary extreme risk protection order against Michael."

Both the judge and Passalacqua pointed out the fact that this is new, unblazed territory, with only one published decision available, out of Nassau County. New York State's red flag law is only six months old.

Jason DeShane will have a similar hearing March 16.

New York Coronavirus Cases

County data is updated nightly.

Confirmed Cases: 397649

Reported Deaths: 32219
CountyConfirmedDeaths
New York City21721623201
Nassau420532187
Suffolk416851984
Westchester350841427
Rockland13656668
Orange10781484
Erie7500639
Dutchess4246152
Monroe3974273
Onondaga2963188
Albany2160121
Ulster184086
Oneida174998
Sullivan145748
Putnam133763
Niagara129088
Schenectady83837
Broome75758
Saratoga57217
Rensselaer56830
Columbia47737
Madison36417
Orleans28454
Ontario28233
Warren27233
Steuben27141
Greene26318
Fulton26224
Washington24714
Genesee2425
St. Lawrence2262
Oswego2063
Wayne1863
Herkimer1793
Tompkins1790
Chenango1565
Tioga14824
Chemung1462
Chautauqua1347
Livingston1338
Cattaraugus1286
Cayuga1222
Montgomery1204
Clinton1034
Wyoming975
Jefferson940
Delaware914
Otsego865
Seneca710
Allegany631
Schoharie590
Cortland520
Essex490
Yates486
Franklin330
Lewis310
Schuyler130
Hamilton60
Unassigned00
Utica
Clear
73° wxIcon
Hi: 90° Lo: 67°
Feels Like: 73°
Oneonta
Clear
69° wxIcon
Hi: 84° Lo: 65°
Feels Like: 69°
Herkimer
Clear
73° wxIcon
Hi: 88° Lo: 66°
Feels Like: 73°
Thendara
Clear
73° wxIcon
Hi: 84° Lo: 61°
Feels Like: 73°
WKTV Radar
WKTV Temperatures
WKTV Severe Weather
Click here to learn more about A Healthier Mohawk Valley
Saluting Those Who Are Proud 2 Serve
Senior Send-Off brought to you by Herkimer College
Menu 2 Go list of takeout dinners & fish fries
WKTV Golf Card - Under 150 left