New York resident has gun license wrongly revoked, concerns raised about law



Fox News

A New York resident got into a high-profile fight with the state government this week after officials ordered him to turn over his gun license and his firearms — a dispute that exposed potential problems with the recently passed gun law.

Buffalo-area resident David Lewis has since gotten his license reinstated in what was apparently a case of mistaken identity under the state’s new SAFE Act. The case drew outrage on gun-rights blogs warning that the state was exploiting the law to seize weapons.

Lewis’ lawyer, indicating this may be an indication of a broader issue, also claims to be representing a second client in a similar circumstance.

Lewis initially received a notice on April 1 from the Erie County clerk saying that his license was being immediately suspended. He was ordered to surrender it along with his seven registered handguns.

“Based on the information received from the New York State Police, your pistol license [redacted] has been suspended by direction of the Licensing Officer for Erie County,” reads the letter sent to Lewis and obtained by Fox News. “Failure to comply with this court directive upon receipt of this letter will be sufficient grounds for the revocation of your pistol license.”

Lewis, who does not have a criminal record, caught the eye of state officials because it was believed that because of a prescription for psychotropic drugs that he was a danger to others, his attorney claims.

A provision in the recently passed NY SAFE Act calls for individuals with serious mental illness who may be dangerous to potentially have access to firearms restricted.

Lewis, after receiving the notice, contacted his lawyer Jim Tresmond, who accompanied him to the police department in Amherst and filed for a local hearing to have his client’s privileges restored.

Tresmond said in media reports that Lewis did have a temporary, short-term issue and required medication, but nothing recent. He suggested in a radio interview that his client’s private medical history was accessed by the government, violating his rights by using a loophole under HIPAA laws.

Erie County Clerk, Chris Jacobs, whose office issued the letter to Lewis, said in a statement released late Wednesday that the mishap was due to flaws in the SAFE Act.

“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,” he said in the statement. “Until the mental health provisions are fixed, these mistakes will continue to happen.”

In a motion filed by Erie County Supreme Court Judge M. William Boller on Thursday, Lewis’ privileges were restored immediately after it was determined that he was sent the letter in error.

“This court has determined that the information received from the New York State Police, which served as the basis for suspension of the Licensee’s firearms license, was in error” reads the court order from Judge Boller. “…it is HEREBY ordered, the suspension of the firearms license herein is hereby terminated, and any firearms of the licensee being held by any police agency are to be returned.”

The lawyer intends to file suit against the state.

Read more: http://www.foxnews.com/politics/2013/04/11/flaws-revealed-in-ny-safe-act-after-state-resident-has-gun-license-wrongly/#ixzz2QCGDuYZN

9 thoughts on “New York resident has gun license wrongly revoked, concerns raised about law

  1. The Government is stating that Nobody is CURED or HELPED by Psychiatry OR by these drugs. These drugs do NO GOOD and DO NOTHING for you and actually make you worse, since your merely having taken them “convicts” you of mental illness for the REST of your life . Therefore, merely having taken them gives you a permanent “NOT GUILTY by reason of MENTALLY ILL” Defense.

    Your Doctor is now an “AGENT of the STATE”. ANYTHING you tell your Doctor CAN and WILL be used against you.

    MEDIA ASSAULT THOUGHTS. There is no action that is not preceded by the thought and idea of the action, and MSM has immersed America in violent anti-social thoughts. and been publicly proud and boastful of their ANTI-heroes. The immersion of a society in the thoughts and ideas of senseless violence unaccompanied by consequences. The flooding of Media venues such as music, movies, video games, TV, with thoughts and ideas designed to induce violent behavior.

  2. “To have his PRIVILEGES RESTORED” THATS RIGHT FOLKS BREATHING AND DEFENDING YOUR FAMILY and of course driving are rights and privileges bestowed on us mundanes by our masters.
    Steve

  3. “Privileges restored” ?? I thought owning a gun was a right not a privilege. Also, where is the mistaken identity? Sounds like they violated the hipaa rights of the same person. No mention of anyone else.

  4. The state dis not have the wrong person. They knew exactly what they were doing. If the state had knowledge he had used meds previously, he was targeted. The beta are next. The VA asked me a couple yrs ago when I signed up if I had PTSD or was depressed. The doc was ready to give me meds. That will be the pretext for disarming the vets. Hipaa doesn’t protect squat. The govt, thanx to Obamacare will have a backdoor into your medical history with the click of a mouse.

    1. If you read those hpaa statements, you would know that the fine print says that, if you are a member of the military, then agents of a foreign gov’t are allowed access your records.

  5. My relatives live in Amherst, NY. It’s a rich suburb area and was once declared the safest city in NY in the late 90’s. The cops weren’t that bad in Amherst when I was living in Buffalo. They were somewhat light compared to the cops in other suburb areas in Buffalo like Lackawanna, Cheektowaga and Blasdell. All corrupt.

    “Erie County Clerk, Chris Jacobs, whose office issued the letter to Lewis, said in a statement released late Wednesday that the mishap was due to flaws in the SAFE Act.

    “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,” he said in the statement. “Until the mental health provisions are fixed, these mistakes will continue to happen.””

    Notice how they play “pass the ball” here. It was a “mishap” that “was due to flaws in the SAFE Act”. So they know there are flaws and they continue to carry out the Act anyways, rather than suspend it. And to make matters worse, they don’t take the blame or blame anyone else but just blame the Act itself.

    “Until the mental health provisions are fixed, these mistakes will continue to happen.””

    So gee….hmm…instead of stopping these “mistaken” gun confiscations and threatening letters and waiting for the mental health provisions to be fixed, they will just continue to do it, knowing that there is a major problem with it.
    Unflippinbelievable!!!

    It’s like recording a scan tron test that says that 2 + 2 = 5 and instead of fixing it, they just said, “Oh well, it’s just a major flaw, but hey, you graduated to the next grade anyways.”

    WHAT????!!!! Oh I get it! Maybe it was just an “honest mistake” like all of the “honest mistakes” they did during Ron Paul’s campaign.

    As I see it, they don’t care. All they see is that if someone hands in their gun when nothing is wrong with them, that’s one less person they have to con and confiscate guns from in the future.

    1. Captain: Private what happened to the 500 gun owners we brought in this morning?

      Private: Sir they have been “processed” thru the machine. Their bodies are hanging in the rack.

      Captain: Damn I was afraid of that. This mornings round up was all a big mistake. How can headquarters keep making these mistakes. Better hold all new detainees for a few days before we “machine” them.

      Private: Yes Sir.

  6. That mistake in the system is going to put the cops in the path of someone who is wrongly revoked, but who is not giving up anything! Then we will see the We The People’s Restoration Project get started. I give it 30 days

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