Here's an interesting development, here in Buffalo.
The State Police called the Erie County Clerk's Office and told them to immediately rescind a person's firearms permit and seize his weapons.
Judge Orders Guns Returned to Man After Finding "Error" by State Police.
BUFFALO, N.Y. (WKBW) Gun rights advocates were outraged this week when it was revealed that a Western New York man had his pistol permit suspended and guns confiscated because police believed he posed a threat due to a mental health condition.
Attorney James Tresmond threatened to file a lawsuit in Federal Court claiming his client's health privacy and civil rights had been violated.
It was reported that the unidentified man was taking a prescription for anxiety.
The enforcement action started on March 29th when New York State Police asked the Erie County Clerk's Office to pursue revoking the man's pistol permit because he owned guns in violation of the mental health provision of New York's newly enacted guns law called the SAFE ACT.
Since when did this nation find it acceptable to arbitrarily abrogate the rights of citizens without due process?
Since when did this nation give that arbitrary powers to LEO and not a judge or jury?
Is Government By Decree the new paradigm?
Eric Holder on "Due Process":Is this not what has just been done with anyone whom may have a "mental illness"? Is it not a preemptive attack against anyone that may be "mentally ill" without charges, judge, jury or conviction? YES!
"The Constitution guarantees due process, not judicial process."
"The Constitution does not require the president to delay action until some theoretical end stage of planning when the precise time, place, and manner of an attack become clear,"
Here's the text of the NYS SAFE Act:
1. Eligibility. No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shall apply; (b) of good moral character; (c) who has not been convicted anywhere of a felony or a serious offense; (d) WHO IS NOT A FUGITIVE FROM JUSTICE; (E) WHO IS NOT AN UNLAWFUL USER OF OR ADDICTED TO ANY CONTROLLED SUBSTANCE AS DEFINED IN SECTION 21 U.S.C. 802; (F) WHO BEING AN ALIEN (I) IS NOT ILLEGALLY OR UNLAWFULLY IN THE UNITED STATES OR (II) HAS NOT BEEN ADMITTED TO THE UNITED STATES UNDER A NONIMMIGRANT VISA SUBJECT TO THE EXCEPTION IN 18 U.S.C. 922(Y)(2); (G) WHO HAS NOT BEEN DISCHARGED FROM THE ARMED FORCES UNDER DISHONORABLE CONDITIONS; (H) WHO, HAVING BEEN A CITIZEN OF THE UNITED STATES, HAS NOT RENOUNCED HIS OR HER CITIZENSHIP;The part bolded is what the State Police were going on when they unconstitutionally ordered the permit and firearms of the unnamed person be taken.
(I) who has stated whether he or she has ever suffered any mental illness [or been confined to any hospital or institution, public or private, for mental illness];
(J) WHO HAS NOT BEEN INVOLUNTARILY COMMITTED TO A FACILITY UNDER THE JURISDICTION OF AN OFFICE OF THE DEPARTMENT OF MENTAL HYGIENE PURSUANT TO ARTICLE NINE OR FIFTEEN OF THE MENTAL HYGIENE LAW, ARTICLE SEVEN HUNDRED THIRTY OR SECTION 330.20 OF THE CRIMINAL PROCEDURE LAW, SECTION FOUR HUNDRED TWO OR FIVE HUNDRED EIGHT OF THE CORRECTION LAW, SECTION 322.2 OR 353.4 OF THE FAMILY COURT ACT, OR HAS NOT BEEN CIVILLY CONFINED IN A SECURE TREATMENT FACILITY PURSUANT TO ARTICLE TEN OF THE MENTAL HYGIENE LAW;
Should I not admit that I'm a transgendered woman and a recovered alcoholic? Both "conditions" up until recently (December 2012 the APA voted on it) were considered mental illnesses. Alcoholism still is. And as per the law, I was diagnosed 25 yrs ago as having "gender dysphoria". I had to see a psychiatrist and be "diagnosed" and then I continued my "treatment plan" with a psychologist. I got sober along the way, going to AA and I voluntarily entered an outpatient clinic for alcoholism. It was basically "group therapy" and it worked for me. I was always told my gender dysphoria was a "mental illness". I was raised in a generation that defined homosexuality as a mental disease.
I never knew that "alcoholism" was a mental illness, at that time, but I always knew that my "sexual deviancy" was. It was one of the reasons I drank so much, trying to hide my feelings, not understanding them, ignoring them, pretending to be something I wasn't and I failed miserably.
http://en.wikipedia.org/....Should I have not sought out the help that got me sober over 24 years ago? Should I hide in shame? Should I lead a quiet life of desperation out of fear of being forever branded???
The Diagnostic and Statistical Manual of Mental Disorders (DSM) is the American Psychiatric Association's standard reference for psychiatry which includes over 400 different definitions of mental disorders
There is disagreement in various fields of mental health care, including the field of psychiatry, over the definitions and criteria used to delineate various disorders. Of particular concern to some professionals is whether some of these conditions should be classified as 'mental illnesses' at all, or whether they would be better described as neurological disorders, or in other ways. Some items listed are ultimately removed: homosexuality was originally listed in the DSM, but was removed when the American Psychiatric Association officially stated that "homosexuality per se implies no impairment in judgment, stability, reliability, or general social or vocational capabilities"
Fast-forward 25 years and now I'm being branded yet again AND denied an unalienable right without due process BECAUSE I DID WHAT WAS RIGHT AND HELPED MYSELF!
New York State has effectively and forevermore, pushed us back into the closet! Not just us "sexual deviants" but anyone whom may seek out help and try to make their lives better.
And to those "naysayers" that may take offense to my use of the term, "sexual deviant", deal with it, I've had to deal with that stigma my entire life caused by the APA's false labeling! Be clear here the APA is nothing more than a Trade Union given the power of lawmaker today, just like the AMA. Their arbitrary "science by vote" stops being science and becomes politicking. It will take me time to come to terms with their new "understandings". I'm a human being, not a robot that can be shutdown, memory wiped and then rebooted.
Now let's open this Pandora's box, shall we? What is a "mental illness"?
http://www.nami.org/...Almost 19% of the American population has been disarmed IN New York State, not including the 25% that are children.
Mental illnesses are serious medical illnesses. They cannot be overcome through "will power" and are not related to a person's "character" or intelligence. Mental illness falls along a continuum of severity. Even though mental illness is widespread in the population, the main burden of illness is concentrated in a much smaller proportion-about 6 percent, or 1 in 17 Americans-who live with a serious mental illness. The National Institute of Mental Health reports that One in four adults-approximately 57.7 million Americans-experience a mental health disorder in a given year
There are over 400 different "mental illnesses" and they keep creating more. Is the weekend binge drinker mentally ill? Are you because you have anxiety about that job interview or presentation you have to give on Monday?? After all General Anxiety Disorder effects almost 7% of the population.
The unnamed man from Erie County (where I live) had his permit and firearms taken BECAUSE HE WAS ON ANTI-ANXIETY MEDICATION! We don't know what one, the news article doesn't clarify this.
Mr. Tresmond, the attorney for the victim, did an interview this weekend on WBEN, a local radio station here, and he points out the reality that HIPPA was most assuredly violated.
He does say that psychotropic drugs or SSRI (Selective Serotonin Reuptake Inhibitors) seem to be on "the list". We still don't know who, what, where, when or how the NYS Police got access to the victims personal health records. His doctor's did not provide any information to law enforcement and no one has yet to come forward with a legitimate explanation.
Did the NYS Police demand a list of prescriptions written at all pharmacies? Did they then go through and just randomly start checking off all the prescriptions they didn't like and cross reference the names to registered gun owners?
The NYS OFFICE OF MENTAL HEALTH says that the new reporting regulations, known as, MHL 9.46 are allowed under HIPAA.
A: 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."This is where the rubber meets the road:
A: Under HIPAA, because these informational disclosures are required by law, they can be made without the patient's consent. HIPAA permits disclosures of protected health information without the authorization or consent of the individual to the extent that such disclosure is required by law and the disclosure complies with the requirements of that law.
What, you have PMS and you're on Zoloft, NO GUN FOR YOU!
Can't sleep at night and you're on low dose of Prozac, NO GUN FOR YOU!
Were you on some type of medication once? NO RIGHTS FOR YOU!
Off-Label Drug Use: What You Need to KnowAND might I add, the next prescription your doctor writes could lead to your rights being put in jeopardy, especially your children's!
The next time your doctor writes you a prescription, consider this: The medication may not be approved for your specific condition or age group.
Other drugs commonly prescribed off-label include tricyclic antidepressants for chronic pain, and antipsychotics for attention deficit hyperactivity disorder (ADHD) "Name the drug, and one can come up with off-label uses," Alexander says.
Hell, what's to say in another 25 years the APA doesn't vote again and say, sorry, we got X, Y or Z "mental illness" wrong. You know, something like: "ADHD" is re-defined from a mental illness to "kids being kids"???
See how nicely all this fits together yet? The top LEO, AG HOLDER, says that "due process does not equal judicial process" and New York State just granted our LEO the power to arbitrarily take your rights away if you are mentally ill.
Screw the fact that you may not have been adjudicated as such. I've never been found guilty of having a mental illness and now I can be denied my rights without a court order.
Screw the fact that you may not be a danger to yourself or others.
You know that "restless leg syndrome you have? Well hon, you aren't allowed to exercise ANY rights.
Government By Decree.
Constitutionally protected rights arbitrarily taken away, because we said so!
Now how will this effect a person applying for a job?
"Well, Ms. Bunnell, have you ever applied for a firearms permit and been denied?"
"Have you ever had a firearms permit revoked?"
There is nothing in any law stopping an employer from asking these questions.
Welcome to the New American Police State.
Thanks for sharing.
UPDATE: Some here are claiming I'm making this up some how, that what I said above didn't happen. SADLY IT DID!
There was NO MISTAKEN IDENTITY HERE, as the State Police claim. They targeted this innocent man specifically. Why or how they got his medical records is still not clear. His doctor's didn't tell anyone and we don't know how they got his name, yet.
Yes, this man's gun permit was yanked and his guns voluntarily surrendered.
Tresmond said Lewis is a college librarian with a Masters Degree in Library Science from the University of Buffalo. He said his client has never had contact with law enforcement.Now the State Police claim they weren't acting on the fact of this man's medications:
“His credibility in the community could've been hurt more than what it was and his employment could've been affected by this,” said Tresmond. "He has had no mental hygiene issues at all. My client has had an anxiety medication that was prescribed to him because he has a fear of doctors; he has a fear of going to the doctor.”
Late Thursday a statement (attached) from the New York State Police points the finger back to the licensing officer, Justice Boller, and the Erie County Clerk’s Office. State Police reiterate that “no firearm license would ever be revoked for an anti-anxiety prescription.”BUT, Mr. Tresmond, the victims attorney, finally released this:
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.This is still a developing story and I stand by all I've stated herein.
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.
So it seems there were actually two different men named David Lewis, both having firearms permits and both falsely accused of having a mental illness and grounds under our new SAFE ACT to abrogate their 2nd Amendment Rights.
http://www.nbcnews.com/...I must admit that I didn't believe the State Police claim there were actually two people. I believed they created the second, David Lewis, as a C.Y.A. bogus defense.
David Lewis walked out of the Amherst Police headquarters with the seven pistols he was forced to turn-in earlier this month after mistakenly being identified as having "mental health" issues under the New York SAFE Act.
State Police say they provided the county with the name as a possible match under the new law, and that they should have followed up with an investigation.
"We have a name that comes up on a David Lewis with a 10 year date range on a date of birth, and we look in our files and we come up with two different permits in two different counties that could match this criteria," explained State Police Superintendent Joseph D'Amico.
That other man named David Lewis in another county was also found to not have mental health issues after he was forced to turn in his firearms.
STILL LEFT UNANSWERED ARE THESE QUESTIONS:
What "triggered" the State Police to target these men? Was it a drug prescription or just a fishing expedition? What part of the new law are they claiming authority under?
They have not denied the defense attorney's claims that no doctor or medical professional alerted them to any problems. Clearly they went on a fishing expedition but what was the basis for it? What medical records did they illegally get access to? And I make this claim as well, they haven't denied they reviewed or got access to these men's medical records, either.
They were quick to deny that they based their decision on a drug prescription, so we are still left wondering what was the trigger here.