New York State Police are Confiscation Guns

[netcarrier]

Hi All,
New York State Police are going around taking peoples Gun and Gun permits because of Health Professional gave them Anti Anxiety medications.
Check this out;
A Form of Gun Confiscation Has Reportedly Begun in New York State ? Here?s the Justification Being Used | TheBlaze.com

Tony Portland, Oregon Area

Read More

 

[bellarum]

People are going to stop getting the medication they need just to keep from having their rights stomped on.

 

[Mark W.]

Interesting how this works and how we on the outside look at it. I have seen repeated calls for stronger mental health control. As well as a number of comments here about how various of the recent mass murderers were on these kinds of drugs. Granted lack of due process is wrong, But which comes first the chicken or the egg. Do you first remove the weapons and then return them if no cause is found. Or do you first notify a person who might be a threat that their rights and weapons maybe removed while the weapons are still under thier control.

Sticky Wicket if you ask me,

 

[deen_ad]

So, how are they getting hold of confidential records?
Your medical records are protected by federal law as well as privacy laws now on the books.

 

[One-Eyed Ross]

So, how are they getting hold of confidential records?
Your medical records are protected by federal law as well as privacy laws now on the books.

What? You mean, someone would break a Federal law just to take guns away from people lawfully being treated? No, that would never happen...

 

[speeddemon94]

Just remember: They are NOT trying to take away all of the guns! This is not a zero sum game! :bsflag:

The thing that kills me is that even faced with this information the lefties will continue to call us paranoid and silly for thinking they would try to take the guns.

 

[misplacedtexan]

Aren't docs supposed to report people who are going to hurt themselves or others?

Maybe they are getting by on this?

I think the shot heard around the world might just happen in New York....

 

[taylor]

In California they not only take away your firearm for this but your spouse and anyone else who has a firearm you have access to including family members you visit.

 

[Frankenrifle]

In California they not only take away your firearm for this but your spouse and anyone else who has a firearm you have access to including family members you visit.

Please cite references of this?

 

[speeddemon94]

Please cite references of this?

California Seizes Guns as Owners Lose Right to Keep Arms - Bloomberg

From the article:

They had better luck in nearby Upland, where they seized three guns from the home of Lynette Phillips, 48, who'd been hospitalized for mental illness, and her husband, David. One gun was registered to her, two to him.

"The prohibited person can't have access to a firearm," regardless of who the registered owner is, said Michelle Gregory, a spokeswoman for the attorney general's office.




Have you been living under a rock?

 

[Norm0931]

The guy in New York was identified "in error" by the New York State police. They issued an apology and he has a court date next tuesday to get his permit reinstated and his guns back. What blows me away is how the New York Government made his medical history public record. I would be filing so many lawsuits against the state. Malicious Prosecution, Violations of HIPPA,

 

[rodell]

Two words: Due process.

 

[Father of four]

The guy in New York was identified "in error" by the New York State police. They issued an apology and he has a court date next tuesday to get his permit reinstated and his guns back. What blows me away is how the New York Government made his medical history public record. I would be filing so many lawsuits against the state. Malicious Prosecution, Violations of HIPPA,

Why does he even need a court date. The cops screwed up and admitted it, give him his stuff back now!!!!! What is up with that bull crap?

 

[Norm0931]

Father, of course the STATE gets due process. He'll probably have to pay court fees and a fee for the paperwork to reinstate too.

 

[Father of four]

That would figure. Legal not justice system.

 

[One-Eyed Ross]

Being NY, he probably gets the joy of applying for his permits all over again, instead of just getting them back....

 

[thorborg]

HIPAA law just may be null and void if the reporting requirements of obamacare can trump it.
Whats got me in a cold sweat is if Tequila can be considered an anxiety medication.

 

[redhippie]

So, I was at the local gun store and they were selling a police auction gun. Cabella's is selling police trade in's. I would be curious to see what is happening to all these confiscated firearms. Are these progressive states destroying their old and confiscated firearms, or are they a revenue stream.

Remember that this is being done by the same folks who raily against smoking/drinking and then tax the crap out of them.

 

[Frankenrifle]

Have you been living under a rock?

Hey, nice to meet you too! Why don't you take your attitude and shove it at some politicians, eh?

 

[mancat]

The guy in New York was identified "in error" by the New York State police. They issued an apology and he has a court date next tuesday to get his permit reinstated and his guns back. What blows me away is how the New York Government made his medical history public record. I would be filing so many lawsuits against the state. Malicious Prosecution, Violations of HIPPA,

The guy is suing the state of NY, and the law firm running the suit seems to believe that it could have very serious penalties for the state, since they violated numerous federal laws by releasing his medical information.

The law firm even believes, based on known evidence, that the man may have been targeted intentionally, and that the "mistake" made by NY state was only admitted because they were caught.

Man who had guns taken away speaks out | WIVB.com

Quote from the law firm:

For Immediate Release


(Buffalo, New York) For the record, it is our position that the New York State Police targeted our client, Mr. Lewis, from the outset of their request that his pistol license be suspended. New York State Police officials provided Erie County Clerk Chris Jacobs with our client's name, address, pistol license number, number of handguns owned by Mr. Lewis, and other identifying information that made it clear they were looking for our client. Our client was contacted by the New York State Police. This is not a simple case of mistaken identity. Mr. Lewis's medical privacy was invaded and he was publicly defamed and humiliated by New York State officials. We will file suit shortly.


As many are well aware, our client Mr. Lewis had his pistol license suspended by a New York State Supreme Court Justice at the request of a New York State Police Sergeant. The NYSP official requested the suspension pursuant to the mental health provision of the NY SAFE Act of 2013. Upon our investigation, we determined that Mr. Lewis’s medical records had been examined without a valid search warrant, in clear violation of federal and state privacy laws in addition to the New York State Criminal Procedure Law. On Thursday, April 11th, 2013, New York State Supreme Court Justice M. William Boller reinstated Mr. Lewis’s firearms license. New York State police officials claim they “had the wrong guy”. The evidence tells another story. Mr. Lewis was directly targeted by Sgt. Jackson of the New York State Police and further investigation reveals systemic fourth amendment violations within the New York State government.


Confidential informants from within the New York State government have since come forth with information regarding the creation a clandestine “HIPAA” unit comprised of approximately seven members within the Division for Criminal Justice Services , charged with examining New York residents’ medical records without warrant


We will be relentless in our pursuit of the truth and justice in this case.
James D. Tresmond, Esq.
Attorney for David Lewis