THE WISE SHALL UNDERSTAND

New York State Begins Gun And Gun Permits Confiscation

| April 10, 2013

New York Gun Grab In Violation Of Second Amendment

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.

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One attorney representing several people who have been forced to surrender their guns spoke with TheBlaze and alerted us to some disturbing facts:

  • Gun owners are losing their 2nd Amendment rights without due process.
  • HIPAA Laws are likely being compromised and the 4th and 5th Amendments are being violated in some of these cases

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.

The Case:

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.

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:

  • The reporting requirement extends to “mental health professionals,” defined in the law as four professions – physicians (including psychiatrists), psychologists, registered nurses, or licensed clinical social workers.

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.

  • What if an employer learns that a worker had their firearms confiscated? Could that person’s employment be put at risk?
  • What if your neighbors saw police come to your home and leave with your guns? Could that compromise your safety?
  • Could this kind of confiscation also make people think twice about getting treatment for a temporary mental illness?

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. source – The Blaze

About the Author:

NTEB is run by end times author and editor-in-chief Geoffrey Grider. Geoffrey runs a successful web design company, and is a full-time minister of the gospel of the Lord Jesus Christ. In addition to running NOW THE END BEGINS, he hosts a twice-weekly bible study and prophecy radio show on BlogTalk Radio, and oversees a dynamic street preaching outreach and tract ministry team in Saint Augustine, FL.
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20 Comments on "New York State Begins Gun And Gun Permits Confiscation"

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  1. Bobbi says:

    New York today. Red states tomorrow. They are not going to be satisfied until the law abiding citizens are at the mercy of the Obama and his thugs.

  2. the soviets did the same thing,what is it going to take to get the American people to wake up and stop this tyranny,, BRING IT ON

  3. Gerry says:

    I’ll give them my gun when they pry it from my cold, dead hands!

    • Tracy says:

      And, I’m holding onto mine as well!!!! These people think they are so in control of us. But, we’re a child of the King. Praise Him, and God Bless.

  4. Gerry says:

    God Almighty please help these people I ask this in Jesus name.

    Instead of helping other countries lets take care of our own. I say this because the government ain’t doing NOTHING but traveling with his family, having concerts for no reason, and giving aide to terrorist organizations and the other politicians are sold out. We the people need to stand up and put a stop to all this, this has gone to far!

    http://theeconomiccollapseblog.com/archives/the-tunnel-people-that-live-under-the-streets-of-america

  5. Gerry says:

    I cannot see the US standing if this president does not get vetoed along with all if his administration.

  6. Gerry says:

    Luke 6:20-21

    “Blessed are you who are poor,
    for yours is the kingdom of God.
    21 Blessed are you who hunger now,
    for you will be satisfied.
    Blessed are you who weep now,
    for you will laugh.

  7. Gerry says:

    Psalm 41:1-3
    King James Version (KJV)
    41 Blessed is he that considereth the poor: the Lord will deliver him in time of trouble.

    2 The Lord will preserve him, and keep him alive; and he shall be blessed upon the earth: and thou wilt not deliver him unto the will of his enemies.

    3 The Lord will strengthen him upon the bed of languishing: thou wilt make all his bed in his sickness.

  8. Vern says:

    Well folks, our Guns will be gone soon and our freedom has gone, we are poor as poor can get, can’t get a job flipping burgers all filled up. what else is there? The End Of Times.

  9. Jody says:

    Thank you, Gerry. That was uplifting! Today’s story has been my worry all along: can we possibly expect a bureaucrat to THINK? Can we expect one of them to separate an on-going threat from a person who had depression ten years ago, and treated it? We’re asking too much of government workers. They are not paid to use their brains; they’ll tell you so. Besides that, they’ve probably been ordered to flag everybody who applies for a gun permit who has ANY mental history, no matter what! This will discourage people from seeking help: those who can be helped somewhat simply with drugs, and those who will need a lifetime drug regimen. This plays right into the hands of those trying to implement the New World Order; they want to take our guns, so we can’t fight back! We’ll have to start a list of conservative doctors who will NOT report us to the gov’t. if we are depressed and need help. Most of the time it is a physical disorder, NOT a mental disorder!

  10. The PILLS are part of the problem, the vast majority of so called mental disorders are actually demonic posession

  11. Prescription records are pretty much all on computers now. The information is available electronically without asking a soul. If the government has any hand in paying for the med, it already has access to the record.

  12. TexasRedNeck says:

    I’ve said before many times, “If you’re dumb enough to give up your guns then you’re too dumb to live”.
    Some of you have already given up and the fight hasn’t even started.
    Where would we be if our forefathers would have had that type of attitude ? America would not exist today.
    Stand up and fight. What are you going to do when you are told to renounce Christ or die ? Think about it.

  13. That’s what I have been saying Tex, as Christians and americans, it is our duty to fight back.GOD IS WATCHING,
    WE NEED MEN OF VALOR, MEN WITH THE COURAGE OF THIER CONVICTION TO TAKE UP ARMS AND STOP THESE SCUMBAGS

  14. Jeann'e Cox says:

    This so called government is driving this country into the dirt.If we surrender our guns, we are doomed. Our gun ensure that we are safe and/or able to defend ourselves from this type of government take over. You sheeple out there need to wake up, stand up, do the right thing. Save your children and grand children. If you don’t care about yourself then at least let your kids know they are important and deserve to be protected and to grow up and have the freedom we have been afforded until this administration. We are suppose to leave a better planet for our kids, instead we are killing it and enslaving our future. Shame on Americans who do nothing or side with evil. God Bless and Peace to All

  15. I will pry the ammo belts from their cold,dead bodies!

    • TexasRedNeck says:

      I’m with you on that Mark and so are alot of others.
      Liberals make good targets too.
      Liberals are easy to spot, they’re the ones with both hands out and always crying “I want more, you owe me”.

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