Skip to comments.A Form of Gun Confiscation Has Reportedly Begun in New York State
Posted on 04/09/2013 5:50:14 PM PDT by rmlew
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:
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.
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. p>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:
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.
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.
(H/T: Dan Roberts@ammoland.com)
Featured image via Getty
PS. What is next? Do you have migraines or cluster headaches and take a triptan like imitrex or Maxalt? Guess what, these are Seritonin Agonists
S-Adenosyl methionine (SAM-E) is a supplement used for both mood elevation and to treat pain from arthritis. 5-Hydroxytryptophan (5-HTP) is a supplement used alone or in combination with valerian and melatonin to stop insomnia. It is a precursor to Serotinin and is also used in Europe to treat depression. So how long until that herbal sleep aid becomes an excuse to take your guns.
And I am not even going to start with all the herbs that are Monoamine oxidase inhibitors and could concievably be considered psychotripic.
Sound familiar? I remember something like this in a book on my Kindle.
It has begun.
Been going on in Kalifornia...’In the story below, you will see that California has set up a criteria of people that they deem to be unfit to own guns. Keep in mind that the people they deem as unfit are legal, registered gun owners. We can safely predict that the criteria they use to seize your guns will grow narrower and narrower by the month, until all guns are seized. Expect dozens of other states to fall in line behind California and begin to start thishttp://www.nowtheendbegins.com/blog/?p=13342 as well’
From Bloomberg: Wearing bulletproof vests and carrying 40-caliber Glock pistols, nine California Justice Department agents assembled outside a ranch-style house in a suburb east of Los Angeles. They were looking for a gun owner whod recently spent two days in a mental hospital.
They knocked on the door and asked to come in. About 45 minutes later, they came away peacefully with three firearms
Tresmond is the same lawyer that filed the lawsuit in Chattauqua County against the use of the “emergency powers” to pass ths Safe Act without deabte or public comment.
disarmed by government psychiatrist/doctor.
healthcare people aren’t your friends.
The easiest way for them to do this would be to search pharmacy records for certain drug sales and cross reference them to gun permits.
Remeber folks, when they come for your guns, for your own safety, make sure you give them the bullets first.
Seriously though, folks, this is what "universal background checks" are all about. An "innocent" law passed and then the libs will start to load it with all kinds of kickers that will be used to reject an applicant. More importantly, it will be used to revoke the permit of anyone considered a "danger" to the feral... I mean federal, government.
This means you, NRA member, or anyone else who spouts the 2A as being a defense against a "tyrannical" government or other such "nonsense". The goal is to allow people to own guns, but the only ones who will actually have guns will be those approved by the government.
Beginning to understand where this going now?
They won't stop at firearms either.
What if you go silent, and refuse statements based on constitutional rights? Do they rip the place apart (certainly)? And if the firearms were lost in a boating accident (not found during the search), do you get jailed? Government Nazi's!
What if your kid takes a drug for ADHD?
The populace can't get rid of the despotic government and seeks chemical anxiety amelioration.
The gov't send the populace off to the gulags.
There is a wide range of drugs which fit this category and which are handed out like candy.
They may not have to search pharmacy records.
Pharmacies and/or health insurance companies could report anyone being prescribed these drugs, not saying they would but they could.
Uh, the kids are NOT yours, they belong to the people. CNN or LSNBC say so these days.