and martial arts
New Yorks New Tough Gun Laws
Posted 23 January 2013 - 12:37 PM
Published studies suggest that as many as 86% of homicide offenders, 37% of assault offenders, 60% of sexual offenders, up to 57% of men and 27% of women involved in marital violence, and 13% of child abusers were drinking at the time of the offense. National Institute on Alcohol Abuse and Alcoholism, 1997
There's a strong correlation between violence and alcohol abuse. Should we be prohibiting the sale and use of alcohol?
Rhetorical question, of course...but I do find it curious that most folks who push for more gun control aren't pushing for alcohol prohibition as well, as, if it could actually be done, it would likely do more to reduce violent crime and murder than gun bans would.
Posted 05 February 2013 - 02:21 PM
After Democrats in New York rammed a sweeping assault on the right to keep and bear arms through the legislature that failed to exempt police officers from the draconian restrictions, gun owners and even some lawmakers are planning what has been dubbed potentially the largest act of civil disobedience in state history. According to news reports, gun rights activists are urging everyone to defy far-left Governor Andrew Cuomo’s new registration mandate while daring authorities to “come and take it.”
Analysts say the legislation, passed in a frenzy last week in the wake of the Newtown shooting, represents the most brazen infringement on the right to keep and bear arms anywhere in the nation. Among other points, the so-called SAFE Act seeks to limit magazines to just seven bullets, require virtually all of the estimated one million semi-automatic rifles in the state to be registered with authorities, mandate reporting of patients who express indications that they may have thoughts about hurting themselves or others by doctors, and more.
Aside from being unconstitutional, experts on gun violence also point out that the draconian schemes are a bad idea: Studies have repeatedly shown that more guns lead to less crime, and the phenomenon is obvious across America — just compare Chicago or D.C. to Alaska or Wyoming. The mandated reporting requirements for doctors, meanwhile, have come under fire from across the political spectrum. Whether it will even be possible to enforce the bill, however, remains to be seen.
Preparations are already being made for mass resistance. “I’ve heard from hundreds of people that they’re prepared to defy the law, and that number will be magnified by the thousands, by the tens of thousands, when the registration deadline comes,’’ said President Brian Olesen with American Shooters Supply, among the biggest gun dealers in the state, in an interview with the New York Post.
Even government officials admit that forcing New Yorkers to register their guns will be a tough sell, and they are apparently aware that massive non-compliance will be the order of the day. “Many of these assault-rifle owners aren’t going to register; we realize that,’’ a source in the Cuomo administration told the Post, adding that officials expect “widespread violations” of the new statute.
Threats of imprisoning gun owners for up to a year and confiscating their weapons are already being issued by governor’s office, headed by a rabid anti-Second Amendment extremist who suggested before the bill passed that “confiscation” of all semi-automatic rifles was being considered. If tens or even hundreds of thousands of otherwise law-abiding citizens refuse to comply, however, analysts say New York would either have to start raising taxes and building a lot more prisons, or give up on the scheme that experts say will do nothing to reduce violence and that lawmakers say is aimed at eventual confiscation.
Activists involved in the state-wide boycott against the unconstitutional statute who spoke to the Post almost taunted authorities, saying gun owners would essentially dare authorities to “come and take it away.” According to the paper, leaders of some of the state’s hundreds of gun clubs, dealers, and non-profit organizations, citing the New York Constitution’s guarantee that gun rights “cannot be infringed,” are currently involved in organizing the resistance. Among the primary concerns is that, with registration, authorities would know where to go for confiscation, an idea already proposed openly by Governor Cuomo himself.
“They’re saying, ‘F--- the governor! F--- Cuomo! We’re not going to register our guns,’ and I think they’re serious. People are not going to do it. People are going to resist,” explained State Rifle and Pistol Association President Tom King, who also serves on the National Rifle Association board of directors. “They’re taking one of our guaranteed civil rights, and they’re taking it away.”
The NRA itself, while saying that it did not participate in organizing resistance to the law, admitted that it was not surprised by the open defiance among gun owners. “I will say this: Historic experience here and in Canada shows that when you try to force gun owners into a registration and licensing system, there’s usually mass opposition and mass noncompliance,” NRA President David Keene told the Post. “I think it’s going to be very difficult for the governor to get mass compliance with this new law.”
Throughout the short discussion on the bill, GOP legislators warned about the prospect of resistance — potentially resulting in violence. Indeed, even some lawmakers have already promised to defy the new unconstitutional statute. Republican state Assemblyman Steve Katz, for example, told his colleagues during the debate that the legislation’s attempt to re-define semi-automatic rifles as banned “assault weapons” creates “a new class of criminals overnight.” However, he also mentioned that he had no intention of complying with the arbitrary seven-bullet maximum demanded under the legislation.
“I leave my wife and three young daughters home alone for days at a time to represent my constituents here,” Katz said on the floor of the Assembly. “After what happened to the young mother in Loganville, Georgia who defended her two young children against an intruder, this bill will turn me into a criminal because you can bet that before I leave to do the people’s work, there will be more than seven bullets in the magazine of my wife’s firearm.”
He concluded his plea for respecting gun rights with some quotes about the reason for the Second Amendment and New York state’s even more overt prohibition on infringements. The first one he read came from George Washington: “A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.”
As in the rest of the United States, law enforcement has also been speaking out about infringements on the right to keep and bear arms — especially after the SAFE Act was rammed through so hastily that, according to analysts, "oops," police officers are now in violation of the law too. New York sheriffs have become outspoken about the rights of citizens, as well, expressing serious concerns about violations of unalienable rights contained in the new state statute.
"This law has some issues pertaining to the Second Amendment," explained Putnam County Sheriff Donald Smith, one of many to express reservations about the new rules. "I'm deeply concerned in haste to pass the law, they may have missed the point on some of the mental health issues and are dealing with some ammunition and gun issues and law-enforcement issues."
Steuben County Sheriff David Cole, meanwhile, released a statement backed by the local police union criticizing the highly controversial statute as well. "These laws will now make it so thousands and thousands of law-abiding citizens, who go to work, pay their taxes, and [are] concerned about their children's future, will now be considered criminals if they choose to stand up for the Second Amendment rights guaranteed under the U.S. Constitution," Sheriff Cole noted, echoing widespread concerns being heard throughout the state.
Ironically, even some anti-gun extremists who openly support lawlessly infringing on unalienable rights have criticized the legislation. The ultra-far-left Center for American Progress, funded by billionaire statist George Soros, for example, complained about the provisions purporting to obligate doctors to report their patients to authorities if they express violent or suicidal thoughts — all in violation of the traditional doctor-patient confidentiality relationship.
Doctors belittled the provision, too, noting that it could discourage people who otherwise would seek help from talking to healthcare providers out of fear that the police could show up at their door and confiscate their weapons. "The people who arguably most need to be in treatment and most need to feel free to talk about these disturbing impulses, may be the ones we make least likely to do so," Dr. Paul Appelbaum at Columbia University told the Associated Press. Critics say the provision will turn New York into a "psychiatric police state."
Meanwhile, at the national level, some Democrat lawmakers and President Obama are seeking draconian new gun bans and a wide array of other infringements on the right to keep and bear arms. State governments and sheriffs nationwide, however, are speaking out, working to nullify any assault on gun rights, and if needed, arrest federal officials trying to enforce unconstitutional rules. With the amount of resistance already expressing itself in New York, analysts say attempting similar schemes at the federal level would be literally insane. Still, that does not mean it will not be attempted.
Posted 22 February 2013 - 02:56 PM
Why Do Democrats Hate American Manufacturers?
Here's the latest example of head-splitting cognitive dissonance in Washington: President Obama used his State of the Union address to crusade for a revitalized U.S. manufacturing sector. But while he pays lip service to supporting businesses that build their products on American soil, Obama and his left-wing operatives are hell-bent on driving a key sector of the U.S. manufacturing industry six feet under: the American firearms and ammunition industry.
The White House is pushing new government spending to "spur economic growth," protect manufacturing plants and "create good-paying jobs" to help America's middle class. Yet across the country, with aggressive lobbying by the White House itself, Democrats are working to destroy tens of thousands of good-paying jobs and the firms that created them. Assault rhetoric has lasting real-world consequences.
In New York, Democratic Gov. Andrew Cuomo imposed radical, ineffectual gun-grabbing measures that are backfiring in more ways than one. Nearly half a dozen gun companies have now announced that they will no longer sell their products to police in the Empire State. In protest of Cuomo's gun-control regime banning citizens from owning semi-automatic rifles or shotguns because of cosmetic features deemed "military-style," Washington-based Olympic Arms "will no longer be doing business with the State of New York or any governmental entity or employee of such governmental entity within the State of New York."
According to USA Today, other companies including "LaRue Tactical, York Arms, Templar Custom and EFI, as well as sporting-goods retailer Cheaper Than Dirt" have also joined the sales boycott of New York.
Worse news for New York citizens: At least one local manufacturer, the storied Remington Arms Company founded in Ilion, N.Y., in 1816, is in dire financial danger as a result of Cuomo's draconian regulations. The company's innovations in weaponry and ammunition have been used in sporting, self-defense, law enforcement and warfare for two centuries.
Now, as a result of hysteria-induced government pandering, nearly 40 percent of Remington's weapons can no longer be sold to citizens legally. Its small-town plant employs more than 1,300 people in a town of 8,000 and generates revenue of an estimated $400 million from sales in the U.S. and 55 other countries. As an Ilion local official noted, "Remington is not only a major employer, but it's a historic employer. It's been part of our very fiber for 200 years."
And so it is with the rest of the industry. Despite tough economic times, firearms and ammunition companies have created nearly 27,000 well-paying jobs over the past two years alone, according to the National Shooting Sports Foundation. Businesses in the United States that manufacture, distribute and sell firearms, ammunition and hunting equipment employ nearly 100,000 people in the U.S. and generate an additional 110,000-plus jobs in supplier and ancillary industries.
"These are good jobs, paying an average of $46,858 in wages and benefits," the NSSF reports. In addition, "the firearms and ammunition industry was responsible for as much as $31.84 billion in total economic activity in the country ... (and) the industry and its employees pay over $2.07 billion in taxes including property, income and sales based levies."
In my adopted home state of Colorado, where unemployment hovers near 8 percent, nearly a dozen businesses are being forced to consider leaving their home state because of extremist gun-control proposals. Vice President Joe Biden himself leaned on Democratic lawmakers to support an arbitrary 15-round limit on ammunition magazines. So, what have Sheriff Joe and his gun-grabbing pals wrought? Denver-based ammo magazine manufacturer Magpul served notice that it will take its 400 full-time employees and subcontractors somewhere else. Magpul generates some $85 million in spending in the state.
As the Denver Post reported, the privately held company makes an array of consumer products in addition to sales to the military, law enforcement and gun owners. And because Magpul has made a conscientious effort to support other Colorado companies, the ripple effect could reach far beyond the gun industry -- including several cutting-edge innovators in the plastics-injection-molding business. One of Magpul's most important contractors, Denver-based Alfred Manufacturing Co., employs 150 residents. It, too, will "relocate part or all of our operations out of state" if Democrat Gov. John Hickenlooper enacts the stringent gun-control regime pushed by Biden and company. The company has already put expansion plans on hold.
Smart lawmakers from Texas, Michigan, Oklahoma, Arizona and South Carolina are now courting Remington away from New York and Magpul away from Colorado. For now, these states can offer business-friendly, Second Amendment-defending climates that support a demonized industry. But how much longer will it be until Obama and the pro-jobs hypocrites on Capitol Hill find new, more nefarious ways to obstruct this innovation-driving, wealth-producing sector of the American economy? Make no mistake: Gun-control demagoguery is a lethal weapon
Posted 26 February 2013 - 05:51 PM
Common sense gun legislation. Having eight rounds in a 10 round magazine, or having magazines with more than a 10 round capacity in New York will be defined as criminal possession of a weapon in the third degree; a “Class D Violent Felony.” Wondering what some class E felonies in New York are?
Listed below the fold are a few crimes in New York that are class E felonies and A misdemeanors which are one or two arrest levels below a class D felony.
- 120.70 – Luring a child | E Felony
- 121.11 – Criminal obstruction of breathing or blood circulation | A Misdemeanor
- 125.10 – Criminally negligent homicide | E Felony
- 130.20 – Sexual misconduct | A Misdemeanor
- 130.25 – Rape 3rd degree | E Felony
- 130.40 – Criminal sexual act 3rd degree | E Felony
- 130.52 – Forcible touching | A Misdemeanor
- 130.53 – Persistent sexual abuse | E Felony
- 130.65A – Aggravated sexual abuse 4th degree | E Felony
- 130.85 – Female genital mutilation | E Felony
- 135.05 – Unlawful imprisonment 2nd degree | A Misdemeanor
- 135.10 – Unlawful imprisonment 1st degree | E Felony
- 135.45 – Custodial interference 2nd degree | A Misdemeanor
- 135.50 – Custodial interference 1st degree | E Felony
- 135.55 – Substitution of children | E Felony
- 135.60 – Coercion 2nd degree | A Misdemeanor
- 150.01 – 5th degree Arson | A Misdemeanor
- 150.05 – 4th degree Arson | E Felony
- 178.10 – 4th degree Criminal diversion of prescription medications and prescriptions | A Misdemeanor
- 178.15 – 3rd degree Criminal diversion of prescription medications and prescriptions | E Felony
- 220.28 – Use of a child to commit a controlled substance offense | E Felony
- 240.05 – Riot 2nd degree | A Misdemeanor
- 240.06 – Riot 1st degree | E Felony
- 240.08 – Inciting to riot | A Misdemeanor 240.10 – Unlawful assembly | B Misdemeanor
- 240.15 – Criminal anarchy | E Felony
- 240.20 – Disorderly conduct | Violation
- 240.61 – Placing a false bomb or hazardous substance 2nd degree | E Felony
- 250.45 – Unlawful surveillance 2nd degree | E felony (Hidden cams for sexual gratification)
- 255.25 – Incest 3rd degree | E Felony
- 263.11 – Possessing an obscene sexual performance by a child | E Felony
- 263.16 – Possessing a sexual performance by a child | E Felony
Posted 28 February 2013 - 04:35 PM
We have called written and emailed at every turn. The SAFE Act still passed.
The Governor sent out the State Police to sell the SAFE Act with little advance warning.
We mobilized and attened these Spin Sessions with Standing Room Only!
We mobilized for County Meetings and the resolutions began passing in county after county. A map of the counties passing resolutions is a deafening statement of how we feel about our friends in Albany and their actions.
Time and time again we mobilized and rallied but we were constantly ignored or dismissed as what the Media calls the "vocal minority"
It has been 6 weeks of chaos culminating with a huge rally tomorrow.
Well there are two breaking stories that offer some good news for all of our efforts.
1.) Listen to Assembly Representative David DiPeitro on the radio with Tom Bauerle in Buffalo today.
Cuomo will now be hindered by Sheldon Silver,but the courts may give them both a way out.
2.) New York State has until April 29 to respond or else an injunction will be issued.
State Supreme Court wants NYS to show good cause that gun law is constitutional
Posted 05 March 2013 - 07:43 AM
I'm obviously not pleased with the new law, not so much the law itself but how it was passed. I think it was very sneaky and nothing more than an ego-stroker for Gov. Cuomo. But I am also trying to understand the logic of him and his political supporters and I just can't get my head around it.
Magazines limits from 10 to 7: We're being told this will save lives because if someone flips out and goes on a rampage, they'll need to switch magazines more often. But how many manufacturers make 7-round magazines? Not many. And I've heard our politicians say the gun industry will conform to the New York law and start making them. On the contrary, because from what I've heard from a couple of gun shop owners locally is that they're not even getting inventory shipped to them because of the new law. One is moving shop to Pennsylvania and Remington, of course, could move its operation out of state and cost several hundred families their source of income.
Background checks for personal sales: Are we to believe that criminals (drug dealers, hit men, etc) are going perform background checks on someone they're going to sell a gun to or trade with? I bought a shotgun from a friend a few years ago. Gave him cash money and I got the gun. Deal done. But now to do that, I'd have to go through a background check, which I guess is fine because I would pass it. So would my friend. Criminals won't, obviously, but they're not going to bother with background checks because ... they're criminals. They don't care about the law. That's what makes them criminals. So the whole point of these background checks for personal sales is largely pointless.
What really fires me up is when Cuomo says this new law won't affect the law-abiding gun owner. Like hell it won't. The price of ammunition has gone through the roof. I'll have to pay for a pointless background check -- as will the vast majority of law-abiders -- for a personal gun sale. The .22 I've had for years has been perfectly fine, but now if I don't register this gun, I will be a criminal.
Our governor is delusional or too egotistical to see the realities. He wanted to be able to say he was the first to enact tough gun laws, basing his work on polls that state a majority of New Yorkers want tougher gun laws. But those polls are largely skewed by NYC residents, who favor the tougher laws. It's a different world upstate. And now he wants an exemption on assault weapons for the movie industry? The ego astounds me.
March 11 is a big day, when a challenge to the law is heard in court. I don't expect this law to be overturned.
I just needed to get these thoughts off my chest. If you made it this far, thanks for your time.
Posted 05 March 2013 - 01:46 PM
SYB. Also on background checks. The state has a 60,000 offender back log not on the system. So it's really all a moot point until the state and fed can do the job they currently have asked for. But this is par for the course. One would have to believe that professional psychopaths like Cuomo are sincere in their effort. Which takes a great amount of cognition failure. This law hurts no one except law abiding citizens. As per usual.
The supply of hunting/sproting goods in NY is crippled. I cant even find and buy a shotgun I want. All the gun stores are wiped out. Including the large outlets and inventory isnt expect in for some time...if ever.
In other words, and quite frankly, fuck you, Coumo. DIAF. KYS. JOTCOM.
Posted 05 March 2013 - 03:47 PM
I am fortunate to have a friend who owns a gun shop and he's helped me stock up on the ammunition I need. Let me know what shotgun you're looking for and maybe he can track one down.
I've read about the workload this law is going to create for the database and like you said, many are wondering just how this work is going to get done. Another aspect of this law is the expectations of the mental health professionals, who apparently are required to now file a report on anyone they feel might be a threat with a gun. These names will go on a list. The can of worms this scenario opens is mind boggling and it's a slippery slope when it comes to privacy and judgement. More than a few mental health professionals have come out and said this part of the law is meaningless and may actually do more harm than good when it comes to their job. Patients may stop treatment altogether or simply not talk about issues that could get their guns taken away.
We do not have a gun problem. We have a society problem. Even if the law went to the extreme and banned the existence of every gun, what does that solve? Guns are still here, and they're here to stay. We have a problem in society where violence is seen in so many different ways, shapes and forms. It's all around us and it's numbed our senses. I'm not blaming movies or video games outright, but they're certainly not helping. Which makes the Hollywood exemption Cuomo is seeking all the more rich with dripping irony, from this perspective.
Like I said, I just don't get the mindset and God knows I've tried. It's just not clicking for me.
Posted 14 March 2013 - 01:59 PM
VA Defies New York Gun Law; California Only State to Take Legal Guns from Prohibited Owners
Gun owners in New York State are less likely to have their firearms taken away from them, under a decision by the U.S. Department of Veterans Affairs (VA), while gun owners in California face the very real risk of government agents knocking on their doors to seize their weapons.
In New York, where a new state law—the Secure Ammunition and Firearms Enforcement Act (SAFE)—takes effect this week, doctors and therapists will be required to alert the government about patients deemed “likely” to be a threat to themselves or others, so that officials can act to take away their firearms.
But the VA announced that it would not comply with the new law, saying it is beholden to federal statutes.
“Federal laws safeguarding the confidentiality of veterans’ treatment records do not authorize VA mental-health professionals to comply with this NY State law,” Mark Ballesteros, a VA spokesperson, said in a prepared statement.
About a million veterans reside in New York. The state’s governor, Andrew Cuomo—who spearheaded SAFE’s enactment as law—responded to the VA announcement by saying, “What the law says is it leaves it totally up to the mental health provider if they want to come forward or not—totally up to them.”
Out in California, which is the only state that confiscates legally registered guns from residents who have lost the right to own them, state law enforcement agents have seized thousands of weapons under a controversial state law.
About 20,000 gun owners in the state are barred from possessing firearms, including the mentally ill, convicted felons, and those subject to a domestic violence restraining order.
Last year, the state seized about 2,000 weapons, along with 117,000 rounds of ammunition and 11,000 high-capacity magazines. Thirty-three California Department of Justice agents are assigned to the task of tracking down and confiscating the disallowed guns, and state Attorney General Kamala Harris has requested that number be doubled.
-Noel Brinkerhoff, Danny Biederman
Posted 28 March 2013 - 01:01 PM
Governor Andrew Cuomo’s seven-round limit on magazines sold in New York will be suspended “indefinitely” by a measure in his $136.5 billion budget set to be passed this week, Dean Skelos, a Senate majority leader said.
The ban on magazines holding more than seven bullets was set to start April 15. Cuomo has said the law needs to be rolled back because manufacturers don’t make seven-round holders. The measure was a center piece to a gun law the 55-year-old Democratic governor pushed through the legislature in January, making New York the first state to respond with tougher gun regulations to the Newtown, Connecticut school massacre.
The budget “bill will have an indefinite postponement of the issue,” Skelos, the Long Island Republican who co-leads the Senate with a group of five breakaway Democrats, told reporters in Albany yesterday.
Josh Vlasto, a Cuomo spokesman, didn’t respond to an e-mail requesting comment.
The senate is scheduled to meet through March 27 to pass Cuomo’s budget. The Assembly will return to Albany March 28 to begin voting. The budget goes into effect April 1.
The suspension means magazines holding up to 10 rounds will continue to be sold. Other pieces of Cuomo’s gun law, including measures that close loopholes in a 2000 assault weapons ban that Cuomo said had more holes than Swiss cheese and tougher background checks for sales, won’t be touched by the changes. The governor began pressing for tighter firearm controls after 20 children and six adults were gunned down at Sandy Hook Elementary School Dec. 14.
Cuomo has been criticized by pro-gun groups, including the National Rifle Association, for waiving a requirement that bills sit for three days before they’re passed. His gun law was passed within 24 hours of being introduced, a move Cuomo has said was necessary to prevent a sales rush on assault weapons.
This guy is your typical professional psychopath. He side-steps the rules in order to exact is "social justice" charge. Unfortunately, many people fall for and are proponents of rule side stepping as laong as they like the coercive measure being offered. It's good to see that people in numbers aren't sitting down for these draconian rules being pumped out by such P.P.'s as Cuomo.
Posted 28 March 2013 - 10:45 PM
While it's nice to see this provision suspended, it's still a bit crazy. As I understand it, you can still purchase the 10-round magazines but you can only load 7 rounds. Unless you're at a sanctioned shooting range/competition. Scout's honor, I suppose.
Posted 03 April 2013 - 02:21 PM
It's a bit crazy because the legislation, like almost all legislatin, was passed by a professional psychopath. It's not meant to make sense, be logical or curtail with a straight face, what it set out to accomplish. It's simply a warm and fuzzy, political posturing in order to gain momentum to even higher authority by said P. Psychopath.
The rule is of course, spacious for both enforcement and compliance.
Posted 04 April 2013 - 12:44 PM
ALBANY — The state Rifle & Pistol Association filed a lawsuit Thursday against New York’s gun-control law, saying it violates the Second Amendment.
The Rifle & Pistol Association is the state’s arm of the National Rifle Association, and it has protested the law enacted Jan. 15 by the state Legislature and signed by Gov. Andrew Cuomo. The lawsuit was filed in federal court in Buffalo.
“The National Rifle Association is committed to defending the Second Amendment rights of law-abiding New Yorkers,” Chris Cox, executive director of NRA’s Institute for Legislative Action, said in a statement.
“Gov. Andrew Cuomo and the New York state Legislature usurped the legislative and democratic process in passing these extreme anti-gun measures with no committee hearings and no public input,” Cox said.
The lawsuit is the second against the NY-SAFE Act. The group filed a notice of claim Jan. 29 in state Supreme Court in Albany that it intended to sue, calling the law unconstitutional.
The lawsuit said that an assault-weapons ban infringes on people’s right to bear arms.
“The SAFE Act is a comprehensive law that is making New York communities safer, while ensuring constitutional protections to responsible gun owners,” Attorney General Eric Schneiderman said in a statement.
Posted 12 April 2013 - 12:49 PM
Steve Watson: State police in Erie County, New York have admitted a huge mistake in confiscating a man’s guns under newly passed gun control laws, saying they identified the wrong person.
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
Under provisions in the new legislation, anyone identified as suffering from a mental health condition can have their firearms seized by police.
Jacobs said that during the phone call he was told troopers had forwarded incorrect information, and that police had made an error.
Jacobs also indicated that this case highlighted serious flaws in the new legislation.
“I think that first and foremost, it stems from a flawed law that was passed so quickly without forethought on how something would be implemented.” Jacobs told WGRZ News. “Certainly, I am disappointed on the fact that we were given information from State Police that this was an individual that we needed to act immediately on,”
“Previously we received correspondence from the State Police that a pistol permit holder in our County had a mental health condition that made them a potential harm to themselves or others, a provision in the NY SAFE Act that requires suspension of their pistol permit license,” said Jacobs.
Jacobs said that he had referred the item and all supporting documentation to the State Supreme Court Judge in charge of issuing pistol permits. After reviewing the information from State Police, the judge issued a suspension of the permit pending a hearing.
“When the State Police called to tell us they made a mistake and had the wrong person…it became clear that the State did not do their job here, and now we all look foolish.”
“Until the mental health provisions are fixed, these mistakes will continue to happen,” says Jacobs.
The gun owner in this case, David Lewis, a 35-year-old college librarian who owns seven pistols and is a regular target shooter, is said to be taking legal action. His attorneys have noted that protections should have been in force under The Health Insurance Portability and Accountability Act Privacy Rule, which establishes national standards to protect individuals’ medical records and other personal health information, according to the Department of Health and Human Services.
“We were flummoxed by this whole matter,” Jim Tresmond of the Tresmond Law Firm in Hamburg, New York said. “The HIPPA act is supposed to prevent this kind of thing from happening. It’s a gross invasion of our privacy rights.”
Mr Lewis still has not had his guns returned and will be required to attend a hearing in front of a judge in order to get them back, according to his attorney, who stated “It’s negligence on either the State Police or Erie County Clerk’s Office. Someone was negligent if my client has been put through this ringer.”
New York State Police have refused to answer questions from local reporters or to conduct an interview.
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Read more at http://marketdailyne...uRLIhv8m75PS.99
Posted 12 April 2013 - 01:03 PM
Because too many of the people who 'sign' the bottom line don't even read what they're signing. I don't know if they are just overrun with so many things that shit gets lost in the shuffle, or they just really don't pay attention. Could be also that someone else who works for them just takes care of everything, hands them a stack of shit to sign, and there you go. I don't know.
I mean, look at all the gay marriage flip flops. Look at the Obamacare debacle. How many politicians have admitted they've never even read any of it?