A Form of Gun Confiscation Has Reportedly Begun in New York State — Here’s the Justification Being Used Apr. 9, 2013 6:30pm Mike Opelka
Despite promises from the president and a host of other politicians who are pushing for more gun control that nobody is coming for your guns, the confiscation of guns and gun permits has apparently started in some form in New York State. One attorney representing several people who have been forced to surrender their guns spoke with TheBlaze and alerted us to some disturbing facts:
Gun owners are losing their 2nd Amendment rights without due process. HIPAA Laws are likely being compromised and the 4th and 5th Amendments are being violated in some of these cases
How did confiscation start happening so quickly? Apparently the gun grabbing was triggered by something inside the NY SAFE Act — New York’s new gun law — that has a provision apparently mandating confiscation of weapons and permits if someone has been prescribed psychotropic drugs.
This is curious because in his January 9th address, Cuomo specifically addressed the issue of confiscation:
The Case:
On April 1st, a legal gun owner in upstate New York reportedly received an official notice from the state ordering him to surrender any and all weapons to his local police department. The note said that the person’s permit to own a gun in New York was being suspended as well. The gun owner contacted attorney Jim Tresmond (a specialist in gun laws in New York) and the two visited the local police precinct.
Mr. Tresmond reportedly went into the precinct and informed the officers that his client, waiting in the parking lot, was coming in to voluntarily surrender his weapons as requested. The local police were aware of the letter because they had already been contacted by the State Police. Apparently, if people do not respond to the initial mailing, local law enforcement is authorized to visit the gun owner at their home and demand the surrender of the firearms. In this case, the gun owner followed the request as written. The guns and permits were handed over and a receipt given to the client.
After the guns were turned over, a request for a local hearing was filed and the gun owner is expecting to have his Second Amendment rights restored. But there is more to this story.
In our conversation with lawyer Jim Tresmond, we learned that this client, who has never had a problem with the law — no criminal record and or violent incidents on record — did have a temporary, short term health issue that required medication. But how were his client’s private medical information accessed by the government? This appears to be a violation of HIPAA and Health Information Privacy policies at HHS.gov. If it is declared a violation, this becomes a civil rights issue.
Some claim that a broad interpretation of this statement from HIPAA might allow the government to have instant access to the medical records and gun ownership records of anyone who is prescribed psychotropic drugs.
A major goal of the Privacy Rule is to assure that individuals’ health information is properly protected while allowing the flow of health information needed to provide and promote high quality health care and to protect the public’s health and well being.
That short phrase, “protect the public’s health and well being” is probably going to be cited as the reason governments can require notification of any gun owner who is prescribed a class of drugs used to treat Depression and Anxiety known as SSRI ( Selective Serotonin Reuptake Inhibitors).
The Mental Health Law provision of the SAFE Act claims
The NY SAFE Act is designed to remove firearms from those who seek to do harm to themselves or others. This means keeping the minority of individuals with serious mental illness who may be dangerous away from access to firearms. This law should not dissuade any individual from seeking mental health services they need.
The law is clear on what it expects:
MHL 9.46 requires mental health professionals to report to their local director of community services (“DCS”) or his/her designees when, in their reasonable professional judgment, one of their patients is “likely to engage in conduct that would result in serious harm to self or others.”
The man who was asked/directed to turn over his guns reportedly did not exhibit any signs of violent or dangerous behavior. According to his attorney, the man’s doctor did not report any danger to the authorities. So, who did report it?
Also known as MHL 9.46, the law talks about who is supposed to report on mental health risks and which patients qualify:
The reporting requirement extends to “mental health professionals,” defined in the law as four professions – physicians (including psychiatrists), psychologists, registered nurses, or licensed clinical social workers.
In addition to what Mr. Tresmond called “the laughable diminution of our rights,” the lawyer speculated about additional unintended consequences of releasing this confidential patient information to law enforcement.
What if an employer learns that a worker had their firearms confiscated? Could that person’s employment be put at risk? What if your neighbors saw police come to your home and leave with your guns? Could that compromise your safety? Could this kind of confiscation also make people think twice about getting treatment for a temporary mental illness?
In an effort to learn how many permits and guns have been rescinded due to this medical exception, TheBlaze has made several attempts to contact the Erie County office over pistol permits where this one incident originated. We have yet to be connected with a real person who can answer these questions.
We have also reached out to the Albany office of the New York State Police, but no official response has been received.
Mr. Tresmond has also agreed to keep us posted on his client’s efforts to have his Second Amendment rights restored and get back his guns.
TheBlaze will continue to monitor this story and we are also interested in hearing from other New Yorkers who may have experienced this type of confiscation. Please send all emails to mopelka@TheBlaze.com.
Tuesday, Buffalo radio talk show host Tom Bauerle spoke with Jim Tresmond on WBEN radio.
the LAME STREAM MEDIA will spin this the way the government tells them to!!!
anything or anybody other than what the LAME STREAM MEDIA reports will be labeled as a 'conspiracy'....even if it's TRUTH!!
do your research folks!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
Imagine that...Doctors have now been deputized by law enforcement. That should send a nice chill through America. You think you have the security of doctor patient privilege? Think again. Anything you say to doc, CAN AND WILL BE USED AGAINST YOU. You now have to plead the 5th to your doctor out of fear of self incrimination.
Does your doctor have to read you miranda rights before any line of medical questioning? They should, they should have to make the patient aware of the consequences of their answers and that the answers they give and the medication they are prescribed can be passed along to law enforcement.
Soon ALL doctors will be deemed to be federal employees. I figure 6-8 years from now, the whole enchilada will be federalized.
"While Foreign Terrorists were plotting to murder and maim using homemade bombs in Boston, Democrap officials in Washington DC, Albany and here were busy watching ME and other law abiding American Citizens who are gun owners and taxpayers, in an effort to blame the nation's lack of security on US so that they could have a political scapegoat."
THE FIVE TYPES OF DEPRESSION By top psychologist Dr Cecilia d'Felice REACTIVE
SYMPTOMS: Inability to face the day and cope with routine situations. You feel tearful, overwhelmed, angry and lacking in any options to make things better. For example, you're convinced you'll never get another job and that your life is over. CAUSES: Major life events such as divorce, death of a loved one, or losing your job. CHANCES OF BECOMING LONG-TERM DEPRESSION: Feeling this way after a major event is normal and the unhappiness should start to dissipate after several weeks.
But a single trauma can also be the straw that breaks the camel's back if you have other things in your life that are causing agitation, such as stress at work. This can lead to long-term depression. If you've been down for several weeks with no improvement, seek help. SOLUTION: Talking with friends, family or a counsellor is very important to give an outlet. Or see your GP about taking medication. PHYSIOLOGICAL
SYMPTOMS: Fatigue, feeling weak, overwhelmed and exhausted even if you have had a good night's sleep. CAUSES: Health issues such as thyroid problems or symptoms relating to the menopause and ageing. CHANCES OF BECOMING LONG-TERM DEPRESSION: This is a situation where health changes can affect mood, and therefore mimic depression. an under or overactive thyroid can, for example, produce symptoms that are very similar to depression, such as low spirits and excess fatigue. SOLUTION: To rule out an underlying health problem, see your gp, who can carry out blood tests to see if a cause can be identified. Look at other factors in your life. For example, it's natural to feel emotionally vulnerable after having a baby. If you still do a month after the birth, it could be depression. STRESS-RELATED
SYMPTOMS: Feeling agitated, uptight and wound-up all the time, unable to focus or remember simple things. Finding even normal actions irritating. A constant feeling of being under pressure. CAUSES: Taking on too much at work, moving house, caring for parents or children, relationship break-up. CHANCES OF BECOMING LONG-TERM DEPRESSION: Stress is a normal part of life and there is research to suggest that limited amounts can be beneficial. However, cumulative stress can lead to long-term depression. SOLUTION: If feelings persist for several weeks, or if you feel you can't cope with them sooner than that, go to see your GP. Acknowledging the problem is part of the issue and may help identify what is triggering your stress. It will also be a chance to examine ways to relax and take on more exercise to help you cope with stress. EXISTENTIAL
SYMPTOMS: You are tearful, restless and perhaps sleeping badly. nothing seems to give you any pleasure. There is also a sense of feeling you aren't good at what you do. CAUSES: Feeling rootless, directionless, empty or even trapped, as well as unsure of your place in the world. often triggered when between relationships or jobs. CHANCES OF BECOMING LONG-TERM DEPRESSION: We all have phases when we feel negative and worthless, but if this goes on for more than two weeks, then such feelings can lead to chronic depression. Insomnia can worsen or you can suffer with hypersomnia - a desire to sleep all the time to avoid confronting reality. SOLUTION: Counselling or psychotherapy will help you get to the root of your problem and feelings. If you lack motivation, or have low self-esteem, then CBT is helpful. DYSTHYMIC
SYMPTOMS: Feeling burnt out, hopeless, as if nothing has any point. A feeling of being numb. CAUSES: No particular trigger - many people say they feel born this way. They constantly feel negative and gloomy. CHANCE OF BECOMING LONG-TERM DEPRESSION: People who feel this way say it has been going on since they were young, but it can get out of control. If you feel yourself having thoughts such as 'I'd be better off dead', seek help immediately. SOLUTION: Cognitive behavioural therapy activates the mind to change thought processes and therefore patterns of behaviour. Sessions involve encouraging you to get out and do more for yourself and become more involved with other people. You will need a referral from your GP.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
A New York resident got into a high-profile fight with the state government this week after officials ordered him to turn over his gun license and his firearms -- a dispute that exposed potential problems with the recently passed gun law.
Buffalo-area resident David Lewis has since gotten his license reinstated in what was apparently a case of mistaken identity under the state's new SAFE Act. The case drew outrage on gun-rights blogs warning that the state was exploiting the law to seize weapons.
Lewis' lawyer, indicating this may be an indication of a broader issue, also claims to be representing a second client in a similar circumstance.
Lewis initially received a notice on April 1 from the Erie County clerk saying that his license was being immediately suspended. He was ordered to surrender it along with his seven registered handguns.
"Based on the information received from the New York State Police, your pistol license [redacted] has been suspended by direction of the Licensing Officer for Erie County," reads the letter sent to Lewis and obtained by Fox News. "Failure to comply with this court directive upon receipt of this letter will be sufficient grounds for the revocation of your pistol license."
Lewis, who does not have a criminal record, caught the eye of state officials because it was believed that because of a prescription for psychotropic drugs that he was a danger to others, his attorney claims.
A provision in the recently passed NY SAFE Act calls for individuals with serious mental illness who may be dangerous to potentially have access to firearms restricted.
Lewis, after receiving the notice, contacted his lawyer Jim Tresmond, who accompanied him to the police department in Amherst and filed for a local hearing to have his client's privileges restored.
Tresmond said in media reports that Lewis did have a temporary, short-term issue and required medication, but nothing recent. He suggested in a radio interview that his client's private medical history was accessed by the government, violating his rights by using a loophole under HIPAA laws.
Erie County Clerk, Chris Jacobs, whose office issued the letter to Lewis, said in a statement released late Wednesday that the mishap was due to flaws in the SAFE Act.
"When the State Police called to tell us they made a mistake and had the wrong person ... it became clear that the State did not do their job here, and now we all look foolish," he said in the statement. "Until the mental health provisions are fixed, these mistakes will continue to happen."
In a motion filed by Erie County Supreme Court Judge M. William Boller on Thursday, Lewis' privileges were restored immediately after it was determined that he was sent the letter in error.
"This court has determined that the information received from the New York State Police, which served as the basis for suspension of the Licensee's firearms license, was in error" reads the court order from Judge Boller. "...it is HEREBY ordered, the suspension of the firearms license herein is hereby terminated, and any firearms of the licensee being held by any police agency are to be returned."
Don't worry folks....Just a mistake....Nothing to see here, move along.
They aren't coming to take your guns, right Boxy?
How about the police? I'm sure more than a few take anti-depressants because of the stressful nature of their job. Guess there will be a lot of openings soon.
"Approval ratings go up and down for various reasons... An example is the high post 911 support for GWB even though he could be said to be responsible for the event." --- Box A Rox '9/11 Truther'
Melania is a bimbo... she is there to look at, not to listen to. --- Box A Rox and his 'War on Women'
Box doesn't even acknowledge the story. He debunked it yesterday. It never happened.
I guess someone better let that judge know that reinstated this guy's permit...Since it never happened.
"Approval ratings go up and down for various reasons... An example is the high post 911 support for GWB even though he could be said to be responsible for the event." --- Box A Rox '9/11 Truther'
Melania is a bimbo... she is there to look at, not to listen to. --- Box A Rox and his 'War on Women'
The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness. John Kenneth Galbraith
I just heard on WGY that the State Police is now claiming they took the guns from the wrong guy.
The State Police was quoted as saying they absolutely will not take someone's guns or license for taking anti depressants.
This guy might have a lawsuit after all.
the government never screws up. I want them to have MORE power over my life, future and health, please.
"While Foreign Terrorists were plotting to murder and maim using homemade bombs in Boston, Democrap officials in Washington DC, Albany and here were busy watching ME and other law abiding American Citizens who are gun owners and taxpayers, in an effort to blame the nation's lack of security on US so that they could have a political scapegoat."
they can't WITHOUT THIS.....pay attention...no different than the IRS collecting taxes....
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...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
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