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Oops! New York State Police Admit to Major Mistake in Gun Confiscation Case
The Blaze ^ | Apr. 11, 2013 10:22am | Mike Opelka

Posted on 04/11/2013 11:14:16 AM PDT by Red Steel

In a surprising turnaround, New York State Police have admitted that they made a mistake when they confiscated the guns and suspended the permit of an Erie County resident on the grounds of mental health.

Late Wednesday, Erie County, NY, released a statement (posted below) blaming the New York State Police for giving them bad information regarding the suspension of a pistol permit and demand to surrender firearms sent to Amherst resident David Lewis.

(Mr. Lewis was not identified in our original story, his name has since been released in conjunction with court documents filed by his attorney, Jim Tresmond.)

“Erie County Clerk Chris Jacobs said that late today he received a call from the New York State Police informing him that they had provided information on the wrong person when they notified his office of someone whose permit should be suspended because of the new mental health provisions in New York’s SAFE Act,” the release begins.

“When the State Police called to tell us they made a mistake and had the wrong person … it become clear that the state did not do their job here and now we all look foolish,” the release went on to say in a quote from Clerk Jacobs.

Jacobs appeared on WBEN radio in Buffalo on Thursday morning and explained the details of this administrative debacle. Mr. Jacobs also delivered some pointed comments about how the law was written so badly that mistakes like this were bound to happen. He closed with some fairly damning statements and also asked the state to consider scrapping the bill and re-writing it.

“When you write a piece of legislation in a vacuum, without having hearings, without talking to people about how it’s going to implemented in the real world — without jeopardizing people’s rights, and putting an individual like this through a nightmarish experience, and infringe on their rights, you have to go back to the drawing board,” he said. “And I encourage the legislative leadership here and mostly our governor to take a step back and say ‘we didn’t get it right’ and let’s change this.”

Read WBEN’s full story on Jacobs here.

After the press release was issued by the state, TheBlaze spoke with one of Mr. Lewis’ attorney, Max Tresmond.

“We won round one,” he said, “round two will be a suit against the state for what they did to our client and his reputation.”

Here is the press release admitting to the error in this gun confiscation:



TOPICS: Crime/Corruption; Front Page News; Government; US: New York
KEYWORDS: banglist; civilrights; corruption; democrats; donutwatch; govtabuse; guncontrol; infringed; secondamendment; tyranny
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1 posted on 04/11/2013 11:14:16 AM PDT by Red Steel
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To: Red Steel

“This year will go down in history for the first time a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead into the future.”

Adolph Hitler (1935 Weapons Act of Nazi Germany)


2 posted on 04/11/2013 11:17:43 AM PDT by B4Ranch ( There's Two Choices. Stand Up and Be Counted ... Or Line Up and Be Numbered.)
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To: Red Steel

I gather that the newest approach to undermining the 2nd amendment is to have a health “professional” do it. I have known two doctors who were rabidly anti-gun. I’m fairly certain that they’d be more than happy to do it for any list brought to them.


3 posted on 04/11/2013 11:17:54 AM PDT by Gen.Blather
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To: Red Steel

Good for him for not dropping it.


4 posted on 04/11/2013 11:17:56 AM PDT by mrsmel (One Who Can See)
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To: Red Steel
“Erie County Clerk Chris Jacobs said that late today he received a call from the New York State Police informing him that they had provided information on the wrong person when they notified his office of someone whose permit should be suspended because of the new mental health provisions in New York’s SAFE Act,” the release begins.

David Lewis was the "wrong person", not because they had the wrong name and address but because he didn't grovel and apologize. He is a real American who stood up for his rights, not a spineless pansy who would bow to the ruling class. Good for him - a new hero when our GOP leaders are showing just how much we need a hero.

5 posted on 04/11/2013 11:18:21 AM PDT by Pollster1 (A war can only be just if it is fought with a reasonable chance of success.)
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To: Red Steel
"the state did not do their job here and now we all look foolish"

"Whoopsie! Sorry about your Bill of Rights!"

6 posted on 04/11/2013 11:19:32 AM PDT by Uncle Miltie (Due Process 2013: "Burn the M*****-F***er Down!")
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To: Red Steel

Sue the bastards.

Civil Rights violation.


7 posted on 04/11/2013 11:20:52 AM PDT by Uncle Miltie (Due Process 2013: "Burn the M*****-F***er Down!")
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To: Gen.Blather
I gather that the newest approach to undermining the 2nd amendment is to have a health “professional” do it. I have known two doctors who were rabidly anti-gun. I’m fairly certain that they’d be more than happy to do it for any list brought to them.

Decent Americans need to screen everyone they deal with in health care (actually in all aspects of our lives). (1) Do not go to anyone who does not claim to be pro-gun. (2) Do not trust the claims of those who say they are pro-gun.

NEVER make a statement that the most rabid anti-gun activist could use against you. Those with suicidal thoughts or other concerns need to deal with that problem anonymously or risk the depressing outcome of losing their recreation and their security.

8 posted on 04/11/2013 11:22:48 AM PDT by Pollster1 (A war can only be just if it is fought with a reasonable chance of success.)
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To: mrsmel
Good for him for not dropping it.

Guilty until proven Innocent.

9 posted on 04/11/2013 11:24:56 AM PDT by Logical me
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To: Red Steel
I smell BS

If a lawyer had not been hired and this story made public, they would have kept his guns.

10 posted on 04/11/2013 11:25:22 AM PDT by Mr. K (There are lies, damned lies, statistics, and democrat talking points.)
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To: B4Ranch

that needs repeating:

“This year will go down in history for the first time a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead into the future.”

Adolph Hitler (1935 Weapons Act of Nazi Germany)


11 posted on 04/11/2013 11:27:13 AM PDT by Mr. K (There are lies, damned lies, statistics, and democrat talking points.)
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To: Red Steel

Didn’t see where they were giving him his permit and guns back.


12 posted on 04/11/2013 11:28:21 AM PDT by Blood of Tyrants (The founding fathers didn't form this country by compromising.)
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To: Uncle Miltie

“Look foolish”???

No. You look like jackbooted totalitarian thugs. Which is magnitudes worse in both deed and impacts/consequences.


13 posted on 04/11/2013 11:28:29 AM PDT by tanknetter
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To: Mr. K
If a lawyer had not been hired and this story made public, they would have kept his guns.

I notice the article and Press Release are silent about whether he actually got the weapons back. AFAIK, his license is still suspended by the Judge.

14 posted on 04/11/2013 11:31:27 AM PDT by Cyber Liberty (I am a dissident. Will you join me? My name is John....)
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To: Red Steel
.. it become clear that the state did not do their job here and now we all look foolish  AS USUAL
15 posted on 04/11/2013 11:31:30 AM PDT by tomkat (-liberty or death-)
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To: Red Steel
Hmm...

4th Amendment - "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."

5th Amendment - "...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."

14th Amendment - "...nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

It may shock a lot of liberals, but statements by media celebrities on NPR, debate in Congress, or anonymous tips to police agencies are NOT due process.

16 posted on 04/11/2013 11:31:42 AM PDT by Billthedrill
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To: Blood of Tyrants

Me neither. It’s not a win until 1) his guns are home and 2) the law that caused them to be taken is repealed.


17 posted on 04/11/2013 11:32:39 AM PDT by Cyber Liberty (I am a dissident. Will you join me? My name is John....)
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To: Red Steel

And the dummies in NYC, Albany, Buffalo, and other blue parts of NY keep electing rats that will work to take more liberties away from all of us in NY.


18 posted on 04/11/2013 11:34:08 AM PDT by b4its2late (A Liberal is a person who will give away everything he doesn't own.)
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To: Pollster1
And what is this nonsense about "received a call." Was not the initial charge in writing? Is whoever in the NY state Police who's job it is to perform the formalities not have time to inform the judge, in writing, of the error?

As for all of them looking foolish, the clerk and the judge aren't any more than rubber stamps, anyway. If the police make a false claim, it's not the court's fault. It's certainly not the clerk's fault.

The clerk also gives some cover to the state police, by laying blame on the law. The police can say they thought they were following the law. This is not "mistaken identity" issue, this is an issue of imputing a mental health condition.

19 posted on 04/11/2013 11:34:21 AM PDT by Cboldt
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To: Mr. K

“I smell BS

If a lawyer had not been hired and this story made public, they would have kept his guns.”

I smell B.S., too. I posted on another thread that I think confiscation of guns using the mental health/psychotropic drug angle is their intention all along. There is a similar provision in the current Senate bill being debated. The NY State Police just began implementing TOO SOON, which brought unwelcome attention to the language in the proposed Federal legislation. The NY State Police were probably ordered to slip back underneath their rocks for a while until all legislation is in place at a federal level.

You will notice that the police statement didn’t say that they did the wrong thing. They just said that they did it to the wrong person.

I feel like I’m off my rocker for thinking this way, but I only use the past track record of our government to generate this hypothesis. These are some devious and evil people we are dealing with, here.


20 posted on 04/11/2013 11:36:04 AM PDT by MNGal
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To: Red Steel

So now the whole world knows Mr. Lewis is using drugs to treat a mental health issue.

Great job NY State Legislatures and Governor.


21 posted on 04/11/2013 11:39:00 AM PDT by DManA
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To: Red Steel
Selective Serotonin Reuptake Inhibitors are also prescribed for chronic pain conditions such fibromyalgia.
22 posted on 04/11/2013 11:41:22 AM PDT by Excellence (9/11 was an act of faith.)
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To: Pollster1

Is he the wrong person because he was not on the medication or because he fought back? “they had provided information on the wrong person when they notified his office of someone whose permit should be suspended because of the new mental health provisions in New York’s SAFE Act,” the release begins.”


23 posted on 04/11/2013 11:44:33 AM PDT by Rusty0604
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To: Cboldt
As for all of them looking foolish, the clerk and the judge aren't any more than rubber stamps, anyway. If the police make a false claim, it's not the court's fault. It's certainly not the clerk's fault.

Very true. But, if the Judge has not reinstated the permit by now, then they are to be faulted, both clerk and Judge. Now that his name and location are known, every night he goes to bed without his weapons back in his possession is a risk he'll be attacked by someone who knows he's unarmed.

24 posted on 04/11/2013 11:48:59 AM PDT by Cyber Liberty (I am a dissident. Will you join me? My name is John....)
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To: Red Steel

Did I miss something in the article? I still don’t know where Mr. Lewis’ confiscated guns are.


25 posted on 04/11/2013 11:50:12 AM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: Cboldt

“And what is this nonsense about “received a call.” Was not the initial charge in writing? Is whoever in the NY state Police who’s job it is to perform the formalities not have time to inform the judge, in writing, of the error?”

Indeed. Find out who perped this thing, find the signature chain, publish the results, and let those who did this start worrying about starting their cars.


26 posted on 04/11/2013 11:50:49 AM PDT by Da Coyote
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To: MNGal

You know, before Obama, we had the same kind of people. In the past, before Obama, we’ve had a govt which thought it could spray us with germs on subways, for goodness sake. We’ve had people left to die of syphilis, and others deprived of rights for thinking the wrong thoughts, or being born with the wrong skin.

ALL of them are prone to evil (or the people behind them are). Our problem is thinking “our” guy (whoever it is or was) is harmless, so let him have the power...


27 posted on 04/11/2013 11:58:08 AM PDT by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: Uncle Miltie

Exactly. Sue them until they bankrupt. Maybe, then they will stop these unconstitutional measures.


28 posted on 04/11/2013 12:00:20 PM PDT by 3Fingas (Sons and Daughters of Freedom, Committee of Correspondence)
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To: Red Steel

We need to demand a list of all cops who have been treated for mental issues.


29 posted on 04/11/2013 12:04:19 PM PDT by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: Blood of Tyrants

My brother in law had a visit from Chicago PD and they confiscated his guns. They finally returned them after he got a lawyer. All completely disassembled and piled together in one big container.


30 posted on 04/11/2013 12:07:00 PM PDT by Kozak (The Republic is dead. I do not owe what we have any loyalty, wealth or sympathy.)
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To: Red Steel

I guess this answers the question about whether cops are willing to confiscate people’s guns.


31 posted on 04/11/2013 12:09:11 PM PDT by Brooklyn Attitude (Obama being re-elected is the political equivalent of OJ being found not guilty.)
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To: Cyber Liberty
-- But, if the Judge has not reinstated the permit by now, then they are to be faulted, both clerk and Judge. --

I disagree. How does the clerk know the call was bona fide? One reason things are put into writing is to create accountability, another is to make sure that only well-reasoned orders are put into effect. The state police confiscated the firearms after getting a written approval from the judge, not based on a verbal "okay."

Now, the judge may be at fault if the judge is supposed to evaluate the facts behind the confiscate order, and decide if those facts satisfy the elements of the law that provide for confiscation. While judges are immune from suit, they are not immune to ridicule and opprobrium, and eventually, total loss of respect.

32 posted on 04/11/2013 12:10:02 PM PDT by Cboldt
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To: Cboldt

I’ve been following this story a few days. From all appearances, the Judge was lightning fast in relieving this fellow of his weapons, so let’s see how quick he is about redressing the wrong that’s been done.

Of course, I assume there’s paperwork, it should take more than a call. But they wrote and issued a Press Release, so somebody is handy with a word processor.


33 posted on 04/11/2013 12:27:42 PM PDT by Cyber Liberty (I am a dissident. Will you join me? My name is John....)
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To: Mr. K; Red Steel
“This year will go down in history for the first time a civilized nation has full gun registration. Our streets ...

I think that quote may be bogus. I have noticed lately that the Left is planting powerful but bogus quotes on the web, often with fancy graphics. I think they are hoping these will be picked up and repeated by conservatives on various blogs. Then they blast the conservative for posting a bogus quote. It's happened to me a few times recently.

Bogus Gun Quotes

34 posted on 04/11/2013 12:34:48 PM PDT by Upstate NY Guy
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To: Cyber Liberty; All

I just called the Clerk’s office and spoke to the person who was listed on the press release. He says the Judge has reinstated his permit but knows nothing of the weapons confiscated.

The biggest issue as most others have stated is the willful circumventing HIPPA laws. I couldn’t even get a copy of my records of a procedure at a hospital without signing a HIPPA release.

I hope his attorney is preparing the proper filings as we speak.


35 posted on 04/11/2013 12:36:47 PM PDT by mazda77
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To: Cboldt
And what is this nonsense about "received a call." Was not the initial charge in writing? Is whoever in the NY state Police who's job it is to perform the formalities not have time to inform the judge, in writing, of the error?

It's hard to tell with what the government is becoming, but I assume they are pretending that the initial report was in writing (I would assume that is a requirement, although perhaps not) and the correction was made by a phone call (paperwork to follow?) to expedite correcting the revolting act of trampling a free American's God-given rights . . . revolting to them because they discovered that the trampled American didn't just lie down and apologize.

36 posted on 04/11/2013 12:39:54 PM PDT by Pollster1 (A war can only be just if it is fought with a reasonable chance of success.)
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To: PghBaldy

Well stated. I agree that there are currently many people with R’s behind their name that are participating in the treachery in our government. After all, without their help (Olympia Snowe comes to mind), the Democrat’s wouldn’t have passed Obamacare!


37 posted on 04/11/2013 12:40:34 PM PDT by MNGal
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To: Cyber Liberty
-- But they wrote and issued a Press Release, so somebody is handy with a word processor. --

Yeah. I think the clerk is trying cover the judge's error. Throwing blame to the State Police. There is nothing to say that both the police and the judge are out of bounds, and I would not be surprised in the least that the bigger liar here is the court.

I know that is a complete reversal of my earlier "don't blame the judge, he's just a rubber stamp." The reversal is based on the judge being responsible to find a basis in law for what the state police are requesting.

38 posted on 04/11/2013 12:45:14 PM PDT by Cboldt
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To: Cboldt

Everybody seems to be running around like chickens with their heads cut off, trying to get in front of where they perceive the public to be heading so they can declare themselves “leaders.”

IOW, par for the course with politicians.

And I understand what you were getting at about the Judge. A Judge has a reasonable expectation that Officers of the Court know what they are doing, and won’t punish the Judge by doing stupid things like making up cites. I think the State Police were hot to trot to demonstrate to the rubes they’re in charge, and this Judge is caught in the middle because he believed them. I notice they’re not being very specific about the mechanics of what exactly just happened, just “mistakes were made.”

I think there is wholesale violation of HIPAA going on here, and this story only scratches the surface.


39 posted on 04/11/2013 1:04:13 PM PDT by Cyber Liberty (I am a dissident. Will you join me? My name is John....)
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To: Cyber Liberty

3) those bastards are sued for invasion of privacy.


40 posted on 04/11/2013 1:10:06 PM PDT by cyn (Benghazi.)
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To: Red Steel
And in other news Feds requested — and got — names of all conceal-carry owners in Missouri

[snip] Have a conceal-carry license in Missouri? Chances are, the feds now know who you are. At least 185,000 people were affected after the full list of conceal-carry owners was turned over the federal authorities — twice.

“Apparently from what I understand, they wanted to match up anyone who had a mental diagnosis or disability with also having a concealed carry license,” the Columbia Daily Tribune reports Republican state Sen. Kurt Schaefer as saying. “What I am told is there is no written request for that information.”

41 posted on 04/11/2013 1:15:53 PM PDT by Oatka (This is America. Assimilate or evaporate.)
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To: Red Steel
I have a much different perspective.

I want to applaud the actions of the clerk!

Clerk Jacobs has established a solid set of evidence and testimony that will make the litigation against the State very hard for them to support.

I think that by pointing to the Governor and the Legislature on a radio program he has provided those who didn't want to see a closed door piece of legislation rammed through the State's legislative body by the governor with lots of political ambition.

As such I would wager that the Clerk Jacobs is not on a variety of Democratic party shit-lists.

I think he likely has done all the people of NY a favor and that he has potentially attempted to save the bacon of his County from litigation and further embarrassment.

It will be interesting if other false 2nd amendment affronts keep happening.

42 posted on 04/11/2013 1:19:12 PM PDT by Robert357 (D.Rather "Hoist with his own petard!" www.freerepublic.com/focus/f-news/1223916/posts)
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To: Upstate NY Guy

Thanks for the link.

http://www.guncite.com/onething.html


43 posted on 04/11/2013 1:22:41 PM PDT by cyn (Benghazi.)
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To: cyn

When I first read of this a couple days ago, the story said there were four groups of people specifically empowered to release information (violate HIPAA) about psychiatric care to the authorities: Psychiatrists, Psychologists, Registered Nurses and Social Workers. I suspected immediately the RN in the office of the Doc who prescribed the antidepressant a year previous. Nothing reported has changed my humble opinion on the matter. The busybody RN did it.

Lewis’ lawyer understands the nub of the problem here, and that’s the violation of HIPAA outlined in the law. I do have a bit of a problem with the attorney advising his client to turn over the weapons while the court battle was going on. I would have found another way to get them out of the equation.

Somebody *is* going to get the carp sued out of them. Let’s see who.


44 posted on 04/11/2013 1:40:29 PM PDT by Cyber Liberty (I am a dissident. Will you join me? My name is John....)
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To: Red Steel
Impossible! Haven't you all seen those surveys where police all say they support the Second Amendment?

Actions speak louder than words.

45 posted on 04/11/2013 1:43:25 PM PDT by Ken H
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To: Cyber Liberty

nurse... interesting. As is the list of empowered releasers. Iow HIPAA is obviously worthless.

Pah on the bunch of them.


46 posted on 04/11/2013 2:23:06 PM PDT by cyn (Benghazi.)
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To: Red Steel
...someone whose permit should be suspended because of the new mental health provisions in New York’s SAFE Act,”...

Apparently this provision supersedes due process and it's not necessary to have a court adjudicate someone mentally incompetent in order to take their guns. The Toomey-Manchin compromise does pretty much the same thing.

47 posted on 04/11/2013 2:25:27 PM PDT by TigersEye (The irresponsible should not be leading the responsible.)
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To: Upstate NY Guy
The most foolish mistake we could possibly make would be to permit the conquered Eastern peoples to have arms. History teaches that all conquerors who have allowed their subject races to carry arms have prepared their own downfall by doing so.]

--- Adolf Hitler (1889-1945), April 11, 1942, quoted in Hitlers Tischegesprache Im Fuhrerhauptquartier 1941-1942.

Our Forefathers knew what the hell they were doing by making sure the Right to Bear Arms was enshrined in the Bill of Rights.

48 posted on 04/11/2013 2:27:43 PM PDT by VeniVidiVici (Obama's vision - No Job is a Good Job)
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To: VeniVidiVici

Which explains why Hitler never allowed Poles to be guards at the death camps....Give a Pole a rifle and he’ll shoot the German right away.


49 posted on 04/11/2013 2:29:32 PM PDT by dfwgator
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To: Mr. K; B4Ranch

And again...(I just sent it to everyone in my email address book, too)

“This year will go down in history for the first time a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead into the future.”

Adolph Hitler (1935 Weapons Act of Nazi Germany)


50 posted on 04/11/2013 3:00:26 PM PDT by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders.)
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