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
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.
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.