Free Republic
Browse · Search
Topics · Post Article

Skip to comments.

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 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

(H/T: Dan

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-91 next last
To: roadcat

Instead of going silent, how about saying the three magic words? “Get a warrant.”

61 posted on 04/09/2013 8:02:07 PM PDT by Respond Code Three (Support Free Republic lest we eventually get a Republic which is not free.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Venturer

The targets should be the popo taskers.

62 posted on 04/09/2013 8:02:11 PM PDT by Paladin2
[ Post Reply | Private Reply | To 52 | View Replies]

To: rmlew; bauerle

Here is the interview Tresmond did with morning talk show host on WBEN Tom Bauerle.

63 posted on 04/09/2013 8:05:05 PM PDT by The Mayor ("If you can't make them see the light, let them feel the heat" — Ronald Reagan)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rmlew

If this story is true, we may be witnessing the start of Civil War 2.

Tyrant Kim Un Hussein has sent out his dictate - - - - .

64 posted on 04/09/2013 8:10:40 PM PDT by Graewoulf (Traitor John Roberts' Commune-Style Obama'care' violates U.S. Constitution AND Anti-Trust Law.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rmlew

Loaded contemporary ammunition, properly lubed and stored, should keep nicely for at least 60-70 years.

65 posted on 04/09/2013 8:18:37 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of rotten politics smelled around the planet.)
[ Post Reply | Private Reply | To 56 | View Replies]

To: rmlew

Might be simpler, in the waterproof box, to use scoopable kitty litter in paper bags in place of the Silica Gel that is sold out.*

*Which I had nothing to do with. I have an alibi. I never bought the stuff. Except for the five cats worth of litter I go through in this house.

66 posted on 04/09/2013 9:03:45 PM PDT by Cyber Liberty (I am a dissident. Will you join me? My name is John....)
[ Post Reply | Private Reply | To 59 | View Replies]

To: rmlew


67 posted on 04/09/2013 9:16:21 PM PDT by Sergio (An object at rest cannot be stopped! - The Evil Midnight Bomber What Bombs at Midnight)
[ Post Reply | Private Reply | To 1 | View Replies]


68 posted on 04/09/2013 9:30:22 PM PDT by PMAS (All that is necessary for the triumph of evil is that good men do nothing)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rmlew

Is ANYONE pissed yet?

69 posted on 04/09/2013 9:33:30 PM PDT by S.O.S121.500 ( Nothing so vexes me as a democrap above ground...ENFORCE THE BILL OF RIGHTS. (It's the Law))
[ Post Reply | Private Reply | To 3 | View Replies]

To: Respond Code Three
Instead of going silent, how about saying the three magic words? “Get a warrant.”

I'm assuming they have one when they come to confiscate. Guess it does no good to conceal them and claim they fell off a boat, as others say that's a jailable offense. This is so wrong.

70 posted on 04/09/2013 10:33:18 PM PDT by roadcat
[ Post Reply | Private Reply | To 61 | View Replies]

To: FReepers; Patriots; FRiends

Free Republic Forever

71 posted on 04/09/2013 10:35:39 PM PDT by onyx
[ Post Reply | Private Reply | To 1 | View Replies]

To: AlmaKing

“The Freepers who rail against anti-anxiety medication are clearly in favor of this confiscation.”

Oh, now THIS will be interesting. Talk about a conundrum about which side to take. Someone start a pool! I’ll put $20 on the “Big-Pharma-In-Bed-With-Big-Brother” square.

72 posted on 04/09/2013 10:53:23 PM PDT by Nita Nupress
[ Post Reply | Private Reply | To 44 | View Replies]

To: rmlew
Deprivation of rights under color of authority. No due process. A bill of attainder punishing legal users of prescription drugs by theft of personal property and abridgement of 2nd amendment rights. Punishment of the innocent by simple family relationship or common habitation. There are so many angles to attack this nonsense.
73 posted on 04/09/2013 10:59:55 PM PDT by Myrddin
[ Post Reply | Private Reply | To 16 | View Replies]

To: yadent

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

I remember a statement from the Cold War Era. To can safely keep a secret if one of them is dead.

I can also safely bet that in the not-so-distant future that Gun-runners are going to be doing a fantastic business. And I also bet that many of the wares are going to be full-auto. Think about it... If it is going to be a crime to own a gun then go full-auto, the penalties are the same.

74 posted on 04/10/2013 2:32:38 AM PDT by The Working Man
[ Post Reply | Private Reply | To 22 | View Replies]

To: The Working Man

To can safely keep a secret if one of them is dead.
Should be TWO can keep a secret...

75 posted on 04/10/2013 2:37:13 AM PDT by The Working Man
[ Post Reply | Private Reply | To 74 | View Replies]

To: roadcat

In this particular case, there was no warrant.

76 posted on 04/10/2013 3:05:19 AM PDT by Respond Code Three (Support Free Republic lest we eventually get a Republic which is not free.)
[ Post Reply | Private Reply | To 70 | View Replies]

To: rmlew
Glenn is currently ( Apr 10,m 2013 9:47 am central time ) talking about this on his radio program, in detail.
77 posted on 04/10/2013 7:50:17 AM PDT by Yosemitest (It's Simple ! Fight, ... or Die !)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rmlew
Cataplexy - a type of seizure associated with narcolepsy - is completely controlled by very small doses (1 capsule every 3 days) of clomipramine - a tricyclic antidepressant.

The simple fact is that these drugs are often prescribed for conditions that have nothing to do with one's mental health!

78 posted on 04/10/2013 9:09:25 AM PDT by NJ_Tom (I don't worship the State; I don't worship the Environment - I only worship God.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: rmlew

Consider the political espionage and extortion we have opened the door to now that the police have access to your medical records.

Have you ever had an STD?

Have you ever been raped?

Has your wife/daughter ever been raped?

Do you have a disease that “may” have been acquired via IV drug use?

Has your son ever ended up in the emergency room after drinking?

Ever been treated for depression?

Are you thinking about running without a Democrat party endorsement?

( better think again.)

79 posted on 04/10/2013 9:59:23 AM PDT by Fitzy_888 ("ownership society")
[ Post Reply | Private Reply | To 1 | View Replies]

To: rmlew

Just remember that the only way they can be sure and take all of someone’s guns is with universal registration. Otherwise, people could just hand them a couple of junkers and say that’s all of them. If universal registration were started now, firearms would quickly become part of one of two classes; those the government knows about, and those they don’t. The “undocumented” firearms would become very valuable.

80 posted on 04/10/2013 10:57:10 AM PDT by Sender (It's never too late to be who you could have been.)
[ Post Reply | Private Reply | To 1 | View Replies]

Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-91 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794 is powered by software copyright 2000-2008 John Robinson