David Andreatta

@david_andreatta

The Brighton man who lost his loaded 9-mm pistol in Buckland Park has surrendered all of his weapons and his pistol permit but will not face any criminal charges, according to the Brighton Police Department.

A Monroe County Court judge on Wednesday issued an order to Chaim Diskind, 47, suspending his pistol permit and directing him to turn in his firearms and paperwork at the police department within seven days. Police said Diskind complied with the order at 6:30 p.m. that day, surrendering a total of 12 handguns, including five Glock pistols, two Sig Sauers, a Heckler & Koch VP9, a Smith & Wesson, an American Tactical M1911, a Ruger and the 9-mm Kahr that he had lost in the park.

His suspension is indefinite pending further judicial review of the incident to determine whether Diskind is fit to possess and carry such firearms.

"This incident should serve as a reminder to all that legal handgun ownership carries with it great responsibility," Brighton Police Chief Mark Henderson said Thursday at a news conference. "That responsibility includes ensuring that firearms are properly secured at all times."

Attempts to reach Diskind, a math teacher at the Talmudical Institute of Upstate New York, by phone and at his home were unsuccessful.

Andreatta: Guns and stupid don't mix in Brighton

Diskind was carrying the loaded 9-mm Kahr handgun in the park on June 6 while attending a youth soccer game with his family, according to police. It was opening day of the town's youth recreation soccer league.

At some point, according to police, the gun fell out of its holster that police described as being in the pocket of Diskind's cargo pants. The gun was found in the grass near a playground around 7:15 p.m. by a woman who called police.

After police arrived on the scene and were in the process of securing the weapon, police said, Diskind, approached the officers and acknowledged that he had lost his gun. Police determined the gun belonged to Diskind and was legally licensed, and returned the firearm to him.

The following day, the department referred the matter for judicial review.

The Brighton town code does not permit guns in town parks. The penalties for violating the code are punishable by a $250 fine and up to 15 days in jail.

Henderson said he began a formal review of the handling of the incident on Tuesday after word of the matter spread on a Facebook page for Brighton parents.

Responding to questions from reporters, Henderson acknowledged that Diskind's possession of the gun in the park was an offense, but stopped short of saying that Diskind should have been charged or speculating whether the officer who handled the matter knew the law.

Henderson said the officer at the time viewed the situation as licensed gun owner who had inadvertently lost his firearm and was up front with police about the matter. He added, though, that "going forward" similar incidents would result in police issuing the gun owner an appearance ticket and taking possession of the firearm.

Noting that the park had no signs indicating that guns were prohibited and that the officer had returned the firearm to Diskind, Henderson said that no charges would be brought against Diskind. Henderson said that decision was made in consultation with the Monroe County District Attorney's Office.

Henderson said the town is in the process of posting signs in its town parks that will read, "Possession of firearms and dangerous instruments prohibited," and that he is working with the Brighton Central School District to develop a gun safety program for students.

"I'm hearing from people that this should be a teachable moment," Henderson said.

DANDREATTA@Gannett.com