Posted on 04/11/2013 12:09:19 PM PDT by wtd
AMHERST, NY -- It could be the first foul up involving the state's new gun legislation. Who's to blame? That's still being hashed out.
The attorney for a Western New York gun owner who was told to surrender his pistol permit because of the SAFE Act says his client will get his guns back. The Erie County Clerk is now blaming New York State Police for making the mistake that could have cost the 35-year-old librarian his gun collection.
"Who messed this up?" asked Channel 2's Kelly Dudzik.
"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. 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," says Erie County Clerk Chris Jacobs.
That individual is David Lewis. He is a 35-year-old college librarian. His attorney says he has an anxiety-related medical issue which prompted a doctor to prescribe him medication. Lewis owned seven guns until he received a letter from Jacobs' office. That letter told Lewis the New York State Police wanted the County Clerk to suspend his pistol license right away.
(Excerpt) Read more at wgrz.com ...
The police department is probably not HIPAA Compliant so it may be possible to file a complaint against them. Releasing the medical information is a breach under HIPAA.
This link provides a summary of HIPAA Privacy rules. If you scroll down to section 5 it discussed the rules for releasing for legal reasons. http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/
The govt has more rights to your medical records then you do.
Sounds like solid grounds for a lawsuit to me. I hope they press it hard.
Is that what the gun-grabbers will call it? Target someone, grab his guns and see if he files suit. If not, the grabbers will have knocked another brick out of the 2A wall. If the gun owner does sue, explain it away as a "mistake".
Grab the guns and see who complains, drag your feet on giving the guns back if you can't find a sympathetic judge to throw out the gun owner's case. This, all while trying to dig up dirt on the owner to "revoke" his gun "owning permit". Is the owner on any prescribed medication (anything will do)? DUI? Did he ever seek counseling or been told to seek counseling? Does he drink "too much" (arbitrary amount to be decided by the government)? Divorced? Get his ex to say something bad about him!
The grabbers will do anything to gut the 2A so they can run roughshod over the Constitution.
Most won't have the $$$$ to go up against a long drawn out suit against the government.
Here’s where we are now. It was predictable. They are doing things the American way - deny you’re doing it, give what you’re doing a nice-sounding name, and deny again, but keep doing it anyway.
NY State Police (aka Stasi) now claiming it was a mistake?
Ok lets see if anyone can trust the Stasi or the State.
Did they get the name right? YES
Did they get the address right? YES
Did the letter get delivered to the person intended? YES.
Did Mr. L have the drug prescribed that the Stasi claimed? YES
Did Mr. L have registered guns? YES.
So tell me, where the hell is the mistake?
Because the Stasi know we do not have the balls to fight them they are free to do what they want and TEST the waters.
Their little test proved nothing will happen to them when the violate our 2nd Amendment rights so it is full steam ahead.
Target someone, grab his guns and see if he files suit. If not, the grabbers will have knocked another brick out of the 2A wall. If the gun owner does sue, explain it away as a "mistake".
That's what inevitably happens when rights are devalued to mere privileges.
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