A Form of Gun Confiscation Has Reportedly Begun in New York State — Here’s the Justification Being Used
Apr. 9, 2013 6:30pm Mike Opelka

1.3K27K28135  457Update: Hear an interview with the lawyer representing some of the New Yorkers who were forced to surrender their guns and permits (at the end of this story).

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:

•Gun owners are losing their 2nd Amendment rights without due process.
•HIPAA Laws are likely being compromised and the 4th and 5th Amendments are being violated in some of these cases
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.

This is curious because in his January 9th address, Cuomo specifically addressed the issue of confiscation:



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.

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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.

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:

•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.
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.

•What if an employer learns that a worker had their firearms confiscated? Could that person’s employment be put at risk?
•What if your neighbors saw police come to your home and leave with your guns? Could that compromise your safety?
•Could this kind of confiscation also make people think twice about getting treatment for a temporary mental illness?
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.

Tuesday, Buffalo radio talk show host Tom Bauerle spoke with Jim Tresmond on WBEN radio.

If that didn't get your attention. They are basing the confiscation on if are or have taken a "Psychotropic Medication". Most anti depression meds etc. But here is the total list. Many current sleep aids like Ambian. A number of Beta blockers given to reduce blood pressure or heart rate. A LOOOOONNNNGGG list.

A
Abilify - antipsychotic used to treat schizophrenia, bipolar disorder, and agitation 
Adderall - stimulant used to treat Attention Deficit Hyperactivity Disorder 
Ambien - used as a sleep aid, cause drousiness 
Antabuse - used to treat alcohol addiction 
Aricept - used to slow the progression of dementia 
Anafranil - tricyclic antidepressant 
Asenapine - antipsychotic used to treat schizophrenia and bipolar disorder 
Ativan - benzodiazepine, used to relieve anxiety[1] 
[edit] B
Benperidol - an antipsychotic 
BuSpar - an anti -anxiety medication 
Benzodiazepines - a class of sedatives 
Benzydamine - an anti-inflammatory drug 
[edit] C
Celexa - an antidepressant of the SSRI class (Selective serotonin reuptake inhibitor) 
Clozaril - an atypical antipsychotic (Clozapine) 
Concerta - used to treat ADD/ADHD 
Cymbalta - an antidepressant of the SSNRI (Selective Serotonin and Norepinephrine Reuptake Inhibitor) class, similar to Effexor (venlafaxine) 
[edit] D
Depakote - an atiepileptic and mood stabilizer used to treat bipolar disorder, neuropathic pain and others. Sometimes called an antimanic medication 
Dextromethorphan - an antitussive drug 
[edit] E
Effexor - an antidepressant of the SSNRI (or SNRI) class 
Elavil - a tricyclic antidepressant (TCA), less commonly used these days 
Eskalith - a salt of Lithium, which is a mood stabilizer used to prevent bipolar disorder. 
[edit] F
Fluoxetine - (Prozac) is used to treat major depressive disorder, bulimia nervosa (an eating disorder) obsessive-compulsive disorder, panic disorder, and premenstrual dysphoric disorder (PMDD). 
[edit] G
Gabitril - a mood stabilizer 
Geodon - an "atypical" antipsychotic 
[edit] H
Haldol - a "typical" antipsychotic, one of the oldest, usually given in conjunction with "cogentin", an antiparkinsonic. This is due to the high occurrence of tardive dyskinesia on patients with prolonged Haldol use. 
[edit] I
Imipramine - a tricyclic antidepressant (TCA) which is sometimes used to treat bulimia, panic disorder, or related disorders 
Inderal - a beta blocker known as propranolol. It is used for acute anxiety, panic attacks, hypertension. 
[edit] J
[edit] K
Keppra - an anticonvulsant drug which is sometimes used as a mood stabilizer 
Klonopin - antianxiety medication of the benzodiazepine class 
[edit] L
Lamictal - a mood stabilizer of the anticonvulsant class 
Lexapro - an antidepressant of the SSRI class 
Librium - the first antianxiety medication of the benzodiazepine class. 
Lithium (generic name) - Known more commonly by its generic name, a mood stabilizer used in treating bipolar disorder 
Lithobid (Lithium) - A trade drug of the antipsychotic drug lithium, which is a mood stabilizer used to treat bipolar disorder 
Loxitane - an antipsychotic, today rarely used 
Lunesta - a sleep aid 
Luvox - an antidepressant of the SSRI class, often used to treat Obsessive-compulsive disorder 
[edit] M
Mellaril - an antipsychotic, today rarely used 
[edit] N
Namenda - used to slow the progression of Alzheimer's Dementia 
Navane - an antipsychotic, today rarely used 
Neurontin - an anticonvulsant (anti -seizure medication) which is sometimes used as a mood stabilizer or to treat chronic pain, particularly diabetic neuropathy 
[edit] O
[edit] P
Paxil - an SSRI antidepressant, used frequently to treat depression and anxiety disorders 
Phenelzine - (Nardil)-MAOIs for depression 
Pristiq - an SNRI antidepressant 
Prolixin - an antipsychotic 
Prozac - an SSRI antidepressant 
Phenobarbital- a barbiturate, sedative and hypnotic properties 
[edit] Q
[edit] R
Remeron - an antidepressant which is often used as a sleep aid 
Reminyl - used to slow the progression of Alzheimer's Dementia 
Restoril - a sleep aid of the benzodiazepine class 
ReVia - alternatively known as Naltrexone 
Risperdal - an "atypical" antipsychotic 
Ritalin - a stimulant used to treat ADHD/ADD 
[edit] S
Saphris - an atypical antipsychotic 
Serax - anti -anxiety medication of the benzodiazepine class, often used to help during detoxification from alcohol or other drugs of abuse 
Sertraline - an SSRI class anti-depressant (brand name Zoloft) 
Seroquel - an "atypical" antipsychotic, sometimes is used as a sleep aid when given in low doses 
Serzone- an "atypical" antidepressant 
Stelazine - an older antipsychotic, today rarely used 
Strattera - a non-stimulant medication used to treat ADD/ADHD 
Sycrest - an atypical antipsychotic 
[edit] T
Thioxetine 
Thorazine - an older antipsychotic, today rarely used because of the high occurrence of serious side effects 
Topamax - a mood stabilizer, also used for migraine headaches 
Trazodone - atypical antidepressant, most typically used now as a sleep aid 
Trileptal - a mood stabilizer used to treat bipolar disorder 
[edit] U
[edit] V
Valium - anti-anxiety medication of the benzodiazepine class 
Vistaril - an antihistamine for the treatment of itches and irritations, an antiemetic, as a weak analgesic, an opioid potentiator, and as an anxiolytic. 
Vyvanse - a stimulant used to treat Attention Deficit Hyperactivity Disorder 
[edit] W
Wellbutrin - an antidepressant of the norepinephrine-dopamine reuptake inhibitor (NDRI) class, structurally identical to Zyban, a smoking cessation aid 
[edit] X
Xanax - an antianxiety medication of the benzodiazepine class 
[edit] Y
[edit] Z
Zoloft - an antidepressant of the SSRI class Selective Serotonin Reuptake Inhibitor 
Zyprexa - an "atypical" antipsychotic medication used in the treatment of schizophrenia, schizoaffective disorder, bipolar disorder, and various types of dementia and /sometimes OCD(obsessive compulsive disorder) 
Zaleplon - a non-benzodiazepine hypnotic 
Zolpidem - a non-benzodiazepine hypnotic 
Zopiclone - a non-benzodiazepine hypnotic 

In some schools 25% of the kids are taking Ritalin !!
What will happen to those kids as adults ??

quote:

In some schools 25% of the kids are taking Ritalin !!
What will happen to those kids as adults

Don't know. Medical records are supposed to be private per law.

Let's see I use Ambian now and then. One of my older beta blockers is on the list. Two drugs the wife has taken for migraines. I bet a vast majority of the people have taken one or more of these drus over the years.

Things will change under Obamacare.Then your medical records will be given to the Gov't and nothing in the Gov't remains private !

Has there been any updates to this story?

quote:

Originally posted by ramrod340:
I bet a vast majority of the people have taken one or more of these drus over the years.

Precisely. I have always thought that gun ownership would be tied to medical. Another brilliant example of how the knee-jerk-bleeding-heart left "solves" problems and manages to create more.

While I hate to say it, from the beginning, I thought the Republicans played right into the hands of liberals by agreeing that guns should not be allowed in the hands of "mentally ill". I agree, on it's face, this is a good idea. Unfortunately, the libs take an extremely broad view of "mental illness". Use it as a vehicle to confiscate.

So, some of these meds KEEP people from flipping out. Now they might have to make a choice. Keep taking meds, or keep my guns.

So libs will be scaring some people off their meds, where they could become more dangerous.

Brilliant move.

Ambien? Holy crap, that is a sleep aid that my doc prescribes for me every time I go to Africa to help me sleep for the first few nights. Ridiculous!!!!

Several of my Wife's seizure meds + Ambien are on that list.

One med prescribed to me several years ago for chronic pain is on the list.
Time to reload another wing to my ammo fort.

I think those of us in free states need to volunteer space in their gun safes to keep guns stuck behind enemy lines ( NY, CA etc) our of the hands of those socialist nanny states....

Has anyone heard any updates on this story?

So half of Americans can lose the right to keep and bear arms?

Fact: At Least 50% Of All Americans Are Sick, Diseased, And Mentally Ill Nutcases On The Verge Of Total Meltdown.

So now NY is saying oops we made a mistake. Wrong guy??

http://www.infowars.com/new-yo...guns-under-new-laws/