Is the New York State Police lying about gun confiscation

[lostinblue 1,989]

Gun Control: Is the New York State Police lying about gun confiscation for using anti-anxiety drugs?

Many people believe that the New York State Police, under the direction of civilian political leadership, has taken action to create “test cases” that can be used to define the limits of the state’s powers in confiscating licensed weapons based on prescribed medications. Knowing full well that they can do nothing about those with illegal guns who are taking illegal substances. Another example of government exceeding their authority in the pursuit of a political agenda.

Here we find a law-abiding ordinary citizen being officially ordered by the State of New York to turn in his weapon’s permit and weapons at the local police department allegedly for taking anti-anxiety medication.

The New York State Police appears to be caught in a web of lies …

According to an attorney, Jim Tresmond of the Tresmond Law Firm, representing a client who was served with an official order suspending his license to carry a firearm based on their information and belief that he was on psychotropic (anti-anxiety) medication. The client was ordered to involuntarily surrender his permit and weapons. After the client engaged counsel and involuntarily surrendered his permit, it appears that the authorities are scrambling for cover like cockroaches. The State Police are now saying that they accidently sent the official letter to the wrong person, although the press release appears to have disappeared from their official web site if it was ever posted. A statement disputed by the client’s attorney, who claims that the official letter appears to have been sent to the right person under the circumstances described.

There are significant issues involved in this case:

How did the State of New York obtain the subject’s confidential medical information protected under the medical privacy statutes that currently exist. The HIPAA Privacy Rule provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information.

Did the State of New York breach privacy and confidentiality with respect to the official order, thus embarrassing the subject and making them vulnerable to adverse medical, employment, insurance and social consequences?

Did the State of New York violate the subject’s Constitutional rights, specifically the Second Amendment with regard to the right to own and bear arms? “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”

Did the State of New York violate the subject’s Constitutional rights, specifically with respect to 4th Amendment as it related to seizures and probable cause by confiscating his private property first before any hearing had taken place? “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Did the State of New York violate the subject’s Constitutional rights, specifically with respect to the 5th Amendment concerning the taking of private property without due process and compensation? “…nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Will those who violated their authority and acted under the color of law be charged, prosecuted and punished for their egregious actions?

But most of all, what about the protections and safeguards from trumped-up charges from political operatives, malicious persons or in retaliation for political activities. We have seen any number of instances when an estranged spouse will level false charges of physical abuse, child molestation, or brandishing a weapon – with the consequences that the innocent party must surrender all weapons in their possession. So what protections prevent politicians, like New York Governor Cuomo, from ordering his people to bring false and malicious charges against a law-abiding citizen for the purposes of creating a court test case? Or preventing a radical, activist judge from issuing an unconstitutional ruling extending the state’s power over the Constitution of the United States?

Here is what the New York Police now says …

Erie County Clerk Chris Jacobs has said that police called him to clarify that they had wrongly enforced a pistol permit suspension on a local gun owner under the NY SAFE Act. The confiscation order came following a warning suggesting the man was using anti-anxiety medication prescribed by his doctor. Jacobs said that during the phone call he was told troopers had forwarded incorrect information, and that police had made an error. <Source>

11 April 2013 -- New York State Police Statement on Pistol License Suspension in Erie County

NEW YORK STATE POLICE

Joseph A. D'Amico, Superintendent

Darcy Wells, Director of Public Information

(518) 457-2180

PRESS RELEASE

The SAFE Act requires mental health professionals to file notification when a medical professional determines that an individual he or she is treating is at risk to themselves or others. Medical prescription records are strictly private and not shared with the state, and no firearm license would ever be revoked for an anti-anxiety prescription.

The notification forwarded to the Erie County Clerk’s Office required additional follow-up before a positive identification of a person at risk to themselves or others became final. The State Police was very clear in its letter to the Clerk’s Office regarding the need for due diligence and the need for a positive identification by the County before they removed any weapon.

The final determination on whether to revoke or suspend a pistol permit license rests solely with the County and the licensing officials. The State Police has no authority to suspend or revoke a pistol permit in these circumstances.

Source: New York State Police Newsroom: New York State Police Statement on Pistol License Suspension in Erie County

Bottom line …

It appears that many socialists, communists, liberals, and democrats believe that their “ends” are well defined, so any means, fair or foul, is acceptable in pursuit of their agenda. We must be vigilant and protect our Constitutional rights from illegitimate usurpers, remembering that the Constitution was written to prevent the expansion of government power rather than creating additional power for the government. And, that the Second Amendment is the real and true guarantee that the Constitution will not be breached by tyrannical politicians.

Watch your assets. Between New York and California, the gun-grabbers have decided that the way to prevent crazies and criminals from acting out is to disarm law-abiding citizens. Even though it simply enlarges the pool of potential victims.

http://www.onecitizenspeaking.com/2013/04/gun-control-is-the-new-york-state-police-lying-about-gun-confiscation-for-using-anti-anxiety-drugs.html

[Ban Hammer 13,782]

interesting read.

[Mr. Big Dog 10,747]

Break out the tin foil!

[Penny Lane 8,159]

Break out the tin foil!

Everyone's lying about everything! Ahhhhh!

[Mr. Big Dog 10,747]

Everyone's lying about everything! Ahhhhh!

[mota bhai 2,675]

Everyone's lying about everything! Ahhhhh!

I wouldn't put this past the NYSP. Easily one of the most corrupt government organizations in the country.

[Darnell 8,479]

Welcome to Erie County ! Most likely, it was their 'first' mailed-in notice from a licensed health-care professional, and the clerk fellas had no clue what to do about it, not having the requisite hours of training required as mandated by the SAFE act.

[lostinblue 1,989]

Welcome to Erie County ! Most likely, it was their 'first' mailed-in notice from a licensed health-care professional, and the clerk fellas had no clue what to do about it, not having the requisite hours of training required as mandated by the SAFE act.

http://www.wivb.com/dpp/news/erie/gun-permit-suspended-over-medication

a video tells the story.

[decocker 7,198]

Bottom line …

It appears that many socialists, communists, liberals, and democrats believe that their “ends” are well defined, so any means, fair or foul, is acceptable in pursuit of their agenda.

jeez.

how does 'ny state police' turn into "many socialists, communists, liberals, and democrats"

I wouldn't put this past the NYSP. Easily one of the most corrupt government organizations in the country.

agreed.

[Mr. Big Dog 10,747]

http://www.wivb.com/dpp/news/erie/gun-permit-suspended-over-medication

a video tells the story.

That noise you hear from outside - those are the black helicopters. They're coming for you. Be ready!

[lostinblue 1,989]

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

[BatmanUSA 105]

Does this hurt the cause of, "mental health"..

If people go to marriage counseling, or go to a therapist to work out their issues related to depression caused by a divorce.. will these people now fear that they will be labeled by the police and targeted for confiscation of their firearms???

and just the thought or fear of this possibility, will people become afraid to seek help for these issues.??

[lostinblue 1,989]

From what I understand this man had not taken any drugs in almost a year. It has been rumored that ny state police are checking records as far back as 10 years under the orders of Andy Cuomo. Ny state police say the county clerk made the mistake. Lets see this man had been on medications,the name was right, he had guns,They even called his house and cell phone many times ordering him to surrender his guns. They got caught red handed ....Cuomo ruined his chance to be president when he signed this bill. Now he is out for blood It does not matter how many rights he takes away from his serfs.

If you need any professional help and own guns you will never go to a doctor now. How many state troopers are on some form of meds going back as far as 10 years. Will they be turning in their guns,