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NY revoking gun permits for prescription drugs

Discussion in 'Politics, Elections & Legislation' started by Brian in Oregon, Apr 8, 2013.

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  1. Brian in Oregon

    Brian in Oregon Well-Known Member

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    NY is now cross checking gun permits against medical records for prescription drugs, and has started revoking gun permits based upon what they find.

    Here is a copy of the info:

    A law firm in New York State called Tresmond Law, reports that they have one or more clients whose gun permits have been revoked based on the fact that they have prescriptions from their doctors for anti-anxiety medications. The clients are fully law-abiding citizens, with no backgrounds of violence, criminal activity, or even reckless behavior.

    On Friday, April 5, 2013, Tresmond Law (http://www.tresmondlaw.com) released the following statement:

    ------------------------------------------------

    Tresmond Law's client was willing to release the information regarding his case on a redacted basis. The facts are as follows.

    John Doe, an upstanding professional with no outstanding criminal convictions and no history of violent action received a letter from the Pistol Permit Department informing him that his license was immediately revoked upon information that he was seeing a therapist for anxiety and had been prescribed an anxiety drug. He was never suicidal, never violent, and has no criminal history. The New York State Department of Health is apparently conducting a search of medical records to determine who is being treated for anxiety drugs and using this as a basis for handgun license revocation.

    Those are the facts. Nothing more, nothing less.

    -----------------------------------------------

    Tresmond Law is conducting public discussion on the forum http://www.NYFirearms.com .

    If reports are true, then this is a classic example of the reason why government must never be granted the authority to make decisions on which citizens should be allowed to own firearms and which citizens can't.
     
  2. Shooting Sailor

    Shooting Sailor Well-Known Member

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    Are medical records not confidential, to be held between the doctor and patient, and not to be accessed by outside parties without express and informed consent by the patient? How does the state acces the records in order to effect this revocation? It seems somebody has violated privacy laws here.
     
  3. birdogs

    birdogs TS Member

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    Wait until they use some other bogus "health" information for their nefarious purposes. This has been the fear about certain "medical tests" which may reveal a propensity towards a serious disease. Could such a thing be used to refuse insurance coverage or to raise the rates to an out of sight level? Now imagine some liberal nut job like Carolyn Maloney linking some medical test to a propensity towards violence. No gun for you!
     
  4. Joe Potosky

    Joe Potosky Well-Known Member

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    Other then a talk board, where is the article and/or news source for this information?
     
  5. Beni

    Beni Member

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    What county did this take place ?? beni
     
  6. rpeerless

    rpeerless Well-Known Member

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    Thought I posted an article a few weeks ago that viagra users were classifed as mentally ill because it was a treatment for what was deemed a psychologial issue as well as physical.
     
  7. Brian in Oregon

    Brian in Oregon Well-Known Member

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    Joe, try this link.
     
  8. Cray

    Cray Member

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    It just happened in Amherst, N.Y. A man took a med. prescirbed by a Dr. one year ago. Received a letter from the State Police to turn his guns into the Amherst police. He turned in 8 hand gun's. His permit was suspended. Guns will be kept for one year and then distroyed!

    He went with his attorney. They said they will file a federal lawsuit.

    Man had no prior mental conditions etc. Not even a traffic ticket! Cray
     
  9. Brian in Oregon

    Brian in Oregon Well-Known Member

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    And the anti's and Fudds called us paranoid when we said that prescription information would eventually be used to deny Second Amendment rights.
     
  10. Stl Flyn

    Stl Flyn Well-Known Member

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    Wow! Now they are trading guns for drugs, and hard-on's. Sheeez. What is this world coming to?
     
  11. tgs1420@gmail.com

    tgs1420@gmail.com Member

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    what about Servicemen, Police FBI ect ?
     
  12. chuckie68

    chuckie68 Active Member

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    Typical NY Scum!! Add more UNCONSTITUTIONAL REACTIONS TO UNCONSTITUTIONAL LAWS!

    Cuomo is just a another A$$ Wipe, and somtimes I think he aint worth that>

    Chuck
     
  13. DaveChic

    DaveChic TS Member

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    Just saw on Channel 2 News, Buffalo, NY that the person in question is now getting his guns back.

    The News interviewed the County Clerk and his lawyer and said that it was an error. The letter for confiscation of the guns should never have been sent out and the canceling of the pistol permit should never had taken place. The lawyer for the gun owner plans on filing a lawsuit in Federal Court for these action.

    The County Clerk said that someone is targeting his office. The State Police refused to comment but said that they are not confiscating guns because of medical conditions.

    If you want to see the video, search on the web for Channel 2, Buffalo, New York and when you get to their web page you will see the headling, "First Error Happens Concerning The Safe Act".

    Dave Cichelli
     
  14. g7777777

    g7777777 TS Supporters TS Supporters

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    Unlikee Peerless who feels certain his guns can be taken from him because of Viagra the real issues are two fold

    1. Has a firearm been obtained illegally and that includes filling out any transfer form improperly

    2. Does a mental illness of an owner of a firearm make the safety of others an issue or put any other individual or the public in harms way? That includes himself. Does the state have a safety interst?


    It is interesting that the many of those commenting on this thread have commented on other threads that there should be mandatory reporting of people with mental illness by health care professionals but now when they think that it might involve their own health records being reviewed by law enforcement there is a huge problem

    Bottom line is that there is no free lunch here.

    Here is the reality of the situtaion. It is very similar to the plain view doctrine. If someone has gained access to your medical records through a privacy act violation, without a warrant, can they use that information against you? The answer is a resounding yes. They cant use it to prosecute you in a criminal manner maybe (but maybe they can if it wasnt a law enforcement violation- such as a disgruntled spouse reporting this) but they certainly can confiscate your weapons if in fact you should not have obtained them in the first place. So if your medical records stated you had been adjudged mentally incompetent or were committed to a mental institution then it would follow that if you obtained a firearm through a transfer after that act that you were not qualified to do so.


    Regards from Iowa

    Gene
     
  15. bigdogtx

    bigdogtx Well-Known Member

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    Seems it is just another FREEDOM that is being "given up/taken away" and many think it is just fine because we can "trust" the gov't.......
     
  16. TommyTEREX

    TommyTEREX Member

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    Channel 2`s web sight is www. wgrz.com.

    For all of the libs who don`t think this is the future of America wake up !, this is just the start.

    JMO. Tommy Terex
     
  17. g7777777

    g7777777 TS Supporters TS Supporters

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    The spousal abuse or partner abuse reporting is going to have a much larger impact on firearm confiscation than any other issue.

    Reporting also includes spousal reporting of mental illness and of committment.

    So what has happened by the radicals telling the majority of americans that they are stupid and to shut up has/is a backlash that is going to go on for years.

    The next round will be voting out of elected officials that did not support enhanced background checks( not universal background checks) in 2014

    The "Shut up stupid" approach is the same approach smokers took === look how that turned out and look how this is turning out

    Regards from Iowa

    Gene
     
  18. Perazzi_MX8

    Perazzi_MX8 Well-Known Member

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    Never have a dog guard your food, or a government guard your freedom!
     
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