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A Form of Gun Confiscation Has Reportedly Begun in New York State
The Blaze ^ | Apr. 9, 2013 | Mike Opelka

Posted on 04/09/2013 5:50:14 PM PDT by rmlew

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

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. p>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:

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.

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.

TheBlaze will continue to monitor this story and we are also interested in hearing from other New Yorkers who may have experienced this type of confiscation. Please send all emails to mopelka@TheBlaze.com.

(H/T: Dan Roberts@ammoland.com)

Featured image via Getty


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; News/Current Events; US: New York
KEYWORDS: backonthereservation; banglist; dicktatorcuomo; gunconfiscation; guncontrol; hipaa; hippa; newyork; newyorkcity; nysafe; nysafeact; privacy; safeact; secondamendment; ssri; welcometothegulag
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I really hope this story is not true .
I figured this was comming but figured we had a few years. And it isn't just Prozac for depression. Remember that Zyban you took to quit smoking? It is also called Welbutrin and is more commonly used to treat depression, so your guns will be taken by threat of lethal force against you. Because that is what it comes down to. You either "voluntarily" turn over your property, allow Der Staat to take your guns or the cops will come to your place and murder you and your family if your resist.
1 posted on 04/09/2013 5:50:14 PM PDT by rmlew
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To: rmlew

PS. What is next? Do you have migraines or cluster headaches and take a triptan like imitrex or Maxalt? Guess what, these are Seritonin Agonists

S-Adenosyl methionine (SAM-E) is a supplement used for both mood elevation and to treat pain from arthritis. 5-Hydroxytryptophan (5-HTP) is a supplement used alone or in combination with valerian and melatonin to stop insomnia. It is a precursor to Serotinin and is also used in Europe to treat depression. So how long until that herbal sleep aid becomes an excuse to take your guns.
And I am not even going to start with all the herbs that are Monoamine oxidase inhibitors and could concievably be considered psychotripic.
http://en.wikipedia.org/wiki/Maoi#List_of_MAOIs


2 posted on 04/09/2013 5:50:52 PM PDT by rmlew ("Mosques are our barracks, minarets our bayonets, domes our helmets, the believers our soldiers.")
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To: Travis McGee

Sound familiar? I remember something like this in a book on my Kindle.


3 posted on 04/09/2013 5:55:07 PM PDT by rmlew ("Mosques are our barracks, minarets our bayonets, domes our helmets, the believers our soldiers.")
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To: Travis McGee

It has begun.


4 posted on 04/09/2013 5:55:28 PM PDT by Repeal The 17th (We have met the enemy and he is us.)
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To: rmlew

Been going on in Kalifornia...’In the story below, you will see that California has set up a criteria of people that they deem to be unfit to own guns. Keep in mind that the people they deem as “unfit” are legal, registered gun owners. We can safely predict that the criteria they use to seize your guns will grow narrower and narrower by the month, until all guns are seized. Expect dozens of other states to fall in line behind California and begin to start thishttp://www.nowtheendbegins.com/blog/?p=13342 as well’

From Bloomberg: Wearing bulletproof vests and carrying 40-caliber Glock pistols, nine California Justice Department agents assembled outside a ranch-style house in a suburb east of Los Angeles. They were looking for a gun owner who’d recently spent two days in a mental hospital.

They knocked on the door and asked to come in. About 45 minutes later, they came away peacefully with three firearms


5 posted on 04/09/2013 5:56:51 PM PDT by griswold3
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To: rmlew

Tresmond is the same lawyer that filed the lawsuit in Chattauqua County against the use of the “emergency powers” to pass ths Safe Act without deabte or public comment.


6 posted on 04/09/2013 5:57:21 PM PDT by ez (Laws are for little people. Criminals, politicians, police, and David Gregory are exempt.)
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To: rmlew
what's next??? they take away your kids and then your job...
7 posted on 04/09/2013 5:57:45 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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To: rmlew

disarmed by government psychiatrist/doctor.

healthcare people aren’t your friends.


8 posted on 04/09/2013 5:57:51 PM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: rmlew

The easiest way for them to do this would be to search pharmacy records for certain drug sales and cross reference them to gun permits.


9 posted on 04/09/2013 5:58:46 PM PDT by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: rmlew
What if a spouse has taken an SSRI? Does everyone in the same household lose all their firearms? That's total crap.
10 posted on 04/09/2013 5:59:08 PM PDT by Myrddin
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To: rmlew

Remeber folks, when they come for your guns, for your own safety, make sure you give them the bullets first.


11 posted on 04/09/2013 5:59:38 PM PDT by Drill Thrawl (The Progs are pushing for war. Be ready.)
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To: rmlew
Ahhhh, 1930's Germany, all over again. Will Zero's troops wear brown shirts, or will that be considered too tacky?

Seriously though, folks, this is what "universal background checks" are all about. An "innocent" law passed and then the libs will start to load it with all kinds of kickers that will be used to reject an applicant. More importantly, it will be used to revoke the permit of anyone considered a "danger" to the feral... I mean federal, government.

This means you, NRA member, or anyone else who spouts the 2A as being a defense against a "tyrannical" government or other such "nonsense". The goal is to allow people to own guns, but the only ones who will actually have guns will be those approved by the government.

Beginning to understand where this going now?

12 posted on 04/09/2013 6:02:43 PM PDT by jeffc (The U.S. media are our enemy)
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To: Myrddin

hahaha


13 posted on 04/09/2013 6:05:07 PM PDT by bigheadfred
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To: rmlew
Political abuse of psychiatry in the Soviet Union

They won't stop at firearms either.

The Cry of the New Martyrs - Psychiatric “Treatment” of Christians

14 posted on 04/09/2013 6:05:20 PM PDT by SkyPilot
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To: griswold3
They knocked on the door and asked to come in. About 45 minutes later, they came away peacefully with three firearms

What if you go silent, and refuse statements based on constitutional rights? Do they rip the place apart (certainly)? And if the firearms were lost in a boating accident (not found during the search), do you get jailed? Government Nazi's!

15 posted on 04/09/2013 6:06:41 PM PDT by roadcat
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To: Myrddin

What if your kid takes a drug for ADHD?


16 posted on 04/09/2013 6:07:01 PM PDT by rmlew ("Mosques are our barracks, minarets our bayonets, domes our helmets, the believers our soldiers.")
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To: rmlew
So, actions of the State cause anxiety in the populace.

The populace can't get rid of the despotic government and seeks chemical anxiety amelioration.

The gov't send the populace off to the gulags.

17 posted on 04/09/2013 6:09:06 PM PDT by Paladin2
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To: rmlew

There is a wide range of drugs which fit this category and which are handed out like candy.


18 posted on 04/09/2013 6:11:25 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: SWAMPSNIPER; rmlew

They may not have to search pharmacy records.

Pharmacies and/or health insurance companies could report anyone being prescribed these drugs, not saying they would but they could.


19 posted on 04/09/2013 6:11:50 PM PDT by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
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To: Chode
"they take away your kids"

Uh, the kids are NOT yours, they belong to the people. CNN or LSNBC say so these days.

20 posted on 04/09/2013 6:12:11 PM PDT by Paladin2
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To: rmlew

Eventually, it is going to come down to a fire fight.

Perhaps, many of them before these progressive governments start to get the message.

God bless the USA for the troubled times that are coming.


21 posted on 04/09/2013 6:13:04 PM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: rmlew

Note to self; in future, if possible, NEVER register any weapon and NEVER tell anyone you don’t absolutely trust that you possess one.


22 posted on 04/09/2013 6:13:15 PM PDT by yadent
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To: Secret Agent Man
"healthcare people aren’t your friends."

Especially when their funding comes directly from Zer0, Pelosi and Reid.

23 posted on 04/09/2013 6:14:31 PM PDT by Paladin2
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To: roadcat

That’s why some states require prompt reporting of loss of guns. When they ask “where are they?”, “I lost ‘em” is admission of guilt.

Likewise registering private sales. If they ever find it and its NOT linked to you by a solid paper trail, off to jail.


24 posted on 04/09/2013 6:16:50 PM PDT by ctdonath2 (3% of the population perpetrates >50% of homicides...but gun control advocates blame metal boxes.)
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To: jazusamo

You can count on them doing any damned sneaky thing that they can. At some point someone will resist and it will be Ruby Ridge all over again. That might get things really going.


25 posted on 04/09/2013 6:17:52 PM PDT by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: Paladin2
oh, yeah, i forgot...
26 posted on 04/09/2013 6:20:18 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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To: rmlew

The JBT’s will take your guns, and certain freeepers who are convinced ADD is a myth will shun you for not beating your child enough.


27 posted on 04/09/2013 6:20:39 PM PDT by glock rocks (No, the game never ends, when your whole world depends, on the turn of a friendy card.)
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To: rmlew

The Scots used to bury their swords if and when the English started coming to confiscate them.


28 posted on 04/09/2013 6:20:40 PM PDT by expat2
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To: expat2
The Scots used to bury their swords if and when the English started coming to confiscate them.
Jews did this too under the Greeks and Romans. It is common under oppressed people. The AK-47 and derivatives may not be the most accurate guns, but they store well. Bullets are the problem.
29 posted on 04/09/2013 6:22:26 PM PDT by rmlew ("Mosques are our barracks, minarets our bayonets, domes our helmets, the believers our soldiers.")
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To: rmlew

30 posted on 04/09/2013 6:23:36 PM PDT by 2ndDivisionVet (I'll raise $2million for Sarah Palin's presidential run. What'll you do?)
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To: rmlew

“Bullets are the problem”

How so? Hidden storage or availability?


31 posted on 04/09/2013 6:27:05 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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To: rmlew

Well now it makes sense why they have been handing those pills out like they are peppermint candies for 20 years.

Everyone is going to be a criminal, before they get done us.


32 posted on 04/09/2013 6:28:04 PM PDT by Truth2012
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To: rmlew

it could probably be shown that aspartame is a serotonin blocker.

aspartame ... otherwise known as nutra sweet... key sweetener for almost all diet sodas


33 posted on 04/09/2013 6:29:44 PM PDT by sten (fighting tyranny never goes out of style)
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To: Chode
"i forgot."

A sure sign of mental illness... ;-)

34 posted on 04/09/2013 6:30:25 PM PDT by Paladin2
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To: GGpaX4DumpedTea

Not my forte, but I believe that cordite and other propellants break down in moisture, or simply oxidize over time. So I guess storage would be an issue.


35 posted on 04/09/2013 6:30:42 PM PDT by rmlew ("Mosques are our barracks, minarets our bayonets, domes our helmets, the believers our soldiers.")
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To: Chode

You need a mantra; like: “I don’t recall, I don’t recall,...”


36 posted on 04/09/2013 6:31:20 PM PDT by Paladin2
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To: SkyPilot

The USA is destined to repeat the abuses of the people as demonstrated by the USSR.


37 posted on 04/09/2013 6:34:41 PM PDT by Paladin2
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To: sten

Aspartame has only been shown to worsen depression in those who suffer from depression. It also is a trigger for migraines. I gotta stop drinking diet coke.


38 posted on 04/09/2013 6:34:56 PM PDT by rmlew ("Mosques are our barracks, minarets our bayonets, domes our helmets, the believers our soldiers.")
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To: rmlew

Geez, this whole thread is depressing. Better go find my dope.


39 posted on 04/09/2013 6:37:26 PM PDT by umgud (2A can't survive dem majorities)
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To: rmlew

Oh, it’s true.

Check out this provision and then answer my question that follows:

“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.”

How in the hell is an RN qualified to report on MY mental health??

What if I piss her off with my attitude about not completing her “gun check” questions in my medical history?

I can avoid shrinks and social workers, but Nurses are a bit harder to avoid!


40 posted on 04/09/2013 6:39:39 PM PDT by G Larry (Darkness Hates the Light)
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To: umgud

“Geez, this whole thread is depressing. Better go find my dope.”

Find some for the rest of us while you’re at it!


41 posted on 04/09/2013 6:39:55 PM PDT by AuntB (Illegal immigration is simply more "share the wealth" socialism and a CRIME not a race!)
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To: Paladin2
like they say, the first thing to go is, is the, is, what was i saying???
42 posted on 04/09/2013 6:41:47 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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To: Paladin2
it worked for the Beast!
43 posted on 04/09/2013 6:42:13 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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The Freepers who rail against anti-anxiety medication are clearly in favor of this confiscation.


44 posted on 04/09/2013 6:52:22 PM PDT by AlmaKing
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To: rmlew

Remember, in NY a possession or carry permit may be revoked at any time for no reason. Permit issuance is at the sole discretion of the issuing judge, and may be reversed at any time without cause and without notification.


45 posted on 04/09/2013 7:09:27 PM PDT by ctdonath2 (3% of the population perpetrates >50% of homicides...but gun control advocates blame metal boxes.)
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To: rmlew

With the centralized health record storage requirements in obummercare, this process will go much smoother.


46 posted on 04/09/2013 7:14:31 PM PDT by dware (3 prohibited topics in mixed company: politics, religion and operating systems...)
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To: rmlew
“mental health professionals,” defined in the law as four professions – physicians (including psychiatrists), psychologists, registered nurses

Nothing against registered nurses, but they are by no definition "mental health professionals". Talk about twisting terms.

47 posted on 04/09/2013 7:16:53 PM PDT by Hardastarboard (Buck Off, Bronco Bama)
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To: rmlew

“Out here, pilgrim, a man learns to solve his own problems.”

That advice may save your freedom. Doctors will soon be government informants under Obamacare. Your answers on their questionnaires and your attitude toward those questions, will be noted & made a matter of official record.

If you’re on psychotropic meds, then you are if armed a menace to society. When it comes to guns, you can no longer have those things. You must hand them over to the state.

Don’t resist us, comrade. Please don’t resist.


48 posted on 04/09/2013 7:16:54 PM PDT by elcid1970 ("The Second Amendment is more important than Islam.")
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To: rmlew
 photo Escape_zps42c61c1d.jpg
49 posted on 04/09/2013 7:18:00 PM PDT by FlingWingFlyer (Dude! Where's my Bill of Rights?)
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To: FlingWingFlyer

I forgot to caption the picture above. Escape From New Yawk.


50 posted on 04/09/2013 7:19:50 PM PDT by FlingWingFlyer (Dude! Where's my Bill of Rights?)
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