NY Gun Confiscation Starts & May Set Precedent For Gun Confiscation Across The Nation

New York State is the testing ground my fellow Americans. Yes I know, some people in the country believe Obama and other politicians when they say they are not coming for your guns. But lo and behold there is a form of gun confiscation taking place in New York. In New York they are revoking gun permits and confiscating guns if you are on anti-anxiety medication. In fact, according to one report, not only is the Second Amendment being violated, but HIPAA laws are being compromised and there is violation of the Fourth and Fifth Amendment in some cases. David Lewis, 35, of Amherst, New York, who is a librarian with a Masters in Library Science from the University of Buffalo, received a notice that his permit was revoked and he was to turn in his weapons or they would come and get them and charge his with illegal firearms possession.

It looks as though the NY SAFE Act had something in it that has led to this confiscation happening so quickly. What is that you ask? There is a provision that apparently mandates the confiscation of weapons and permits if someone has been prescribed psychotropic drugs.

Governor Andrew Cuomo, back on January 9, 2013 stood and lied to his people when he said, "This is not about taking away people's guns…that's not what this is about. It is about ending the unnecessary risk of high capacity assault rifles. That's what this is about." Well, we know it's not about that. We knew it then and we know it even more so today.

Lewis then contacted attorney Jim Tresmond (a specialist in gun laws in New York) and they went together to the Amherst police department. Lewis was not surrendering his weapons voluntarily, but was complying with their order. This took place after a New York State Trooper by the name of Sgt. Jackson "aggressively pursuing" Lewis. This pursuit stopped once Mr. Lewis obtained the legal counsel of Tresmond Law.

In an interview with Mr. Tresmond, he told Freedom Outpost that David Lewis has ceased taking his medication and proceeded to tell us what had taken place.

He said that Mr. Lewis is a "gentle and meek" man who owns several "custom target guns" which he does not use for personal defense, though he has the right to. He engages in shooting at his local range and competition shooting.

On April 1st, Lewis received an official notice from the state which ordered him to surrender any and all weapons to his local police department. His permit to own a gun in New York was also suspended. According to Mr. Tresmond, Lewis was "humiliated" in front of family, friends, neighbors, co-workers and his employer because of the claims of the state.

Mr. Tresmond said that the local police were aware of the letter to Mr. Lewis because they had already been contacted by the State Police. The guns and permits were handed over and a receipt was given to Mr. Lewis. However, they also requested he turn in his magazines since, "he wouldn't be needing them anymore." Tresmond's assistant pointed out that no permit was needed to possess gun magazines, which made the officer they were dealing with nervous. She then referred them to another police officer.

After the guns were turned over, a request for a hearing was filed and Mr. Tresmond says that is still pending, but that Mr. Lewis is to have his guns returned to him. After all, Lewis is innocent until proven guilty.

In going to the New York State Supreme Court on Wednesday, Tresmond says that the County Clerk admits there was a "mistake" and that there was a "breech of Mr. Lewis' privacy."

Tresmond says that the state is guilty of a "gross violation of his due process rights." They took his property first and then, if he so chose, he could demand a hearing at a later time. However, if he did not secure his firearms within one year, they were going to destroy his guns.

"Somebody broke his trust and the relationship that he had with his physician," Tresmond said. "Somebody investigated his private medical records and without a warrant and we are going to be aggressively pursuing these charges."

Mr. Tresmond has said that his client has never been in trouble with the law and that he has no criminal record nor has he committed any violent acts. Mr. Lewis "has never had a parking ticket in his life," said Tresmond. What he did have was a short term health issue that required medication. So how did the government find out about personal health information that is to be between the patient and their doctor? Tresmond believes this is a clear violation of HIPAA and Health Information Privacy policies.

Broad interpretations of the policies, such as "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," specifically targeting the last phrase about the "public's health and well-being" are more than likely what will be appealed to.

So how does this fit in the NY SAFE Act? According to Governor Cuomo's website,

"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."

I think this law should dissuade individuals considering how tyrannical New York has become.

However, what does this Mental Health Law (MHL 9.46) require to be reported? Again, according to the website,

"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 gentleman in question in the case who was to turn over his guns didn't show any signs of either violent or dangerous behavior. He didn't report himself and according to Mr. Tresmond, his doctor didn't report him either. So who reported him?

Back to the governor's website.

"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."

Mr. Tresmond indicated that is a legal defense fund set up to help Mr. Lewis with expenses and many have contributed simply by sending money to Tresmond Law Offices for the purpose of defending David Lewis. A Paypal account is also being established. "Mr. Lewis will not emerge from this unscathed," said Tresmond. His reputation has been harmed by a tyrannical state that has targeted him. Obviously the psychological effect to both him and to those he comes in contact with, including the students he works with, will be tremendous. He can never get back his reputation and people, by nature, will view him a certain way simply because the state has come down so hard on him.

Tresmond says that because it will be a Federal case, this will set a major precedent. "It will set an important precedent for gun confiscation and gun confiscation procedure throughout the nation," he said.

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  • patriate

    There is one other choice. Civil war. This is the reason we have a 2nd Amendment. To defend our selves against our own government. The Commies favorite fallback saying is "You don't need high capacity weapons to hunt deer." They are not FOR the deer. They are for communist oppressers and thuggish law enforcement. Any law abiding person in New York that has the government come to thier house and demand thier weapons would be well within thier rights to kill those people.

  • Kenneth Lou

    To err on the side of Liberty is Grand.
    To err on the side of Tyranny is Treason.

  • http://www.facebook.com/clista.hancock.3 Clista Hancock

    Words fail me. If Doctors are to report everyone on anti-depressants there will be millions deprived of their rights. Someone needs to define "mental illness" and psychotropic drugs.

    • http://fanon.clubpenguinwiki.info/ TurtleShroom

      I agree completely. I have mental disorderS (an iron triangle of severe OCD, severe Aspergers Syndrome, and clinical depression). I don't trust myself with a gun, but Aspergers Syndrome is high functioning enough to give independent people afflicted with it a shot- pun intended -at gun ownership.

      Indeed, medicine controls the disease and lessens it, not the other way around. There is no real reason to make psychotropic drugs an ability to steal guns. Never.

  • http://www.facebook.com/people/John-Smith/1603220294 John Smith

    How about getting DiFi's ".357" too????? She certainly looks like she may be on several high anxiety producing/reducing Medications. That swollen face cannot be of natural orgin.

  • http://www.facebook.com/people/John-Smith/1603220294 John Smith

    Anixiety MEdication? Well, I thonk the ;ast tome I read the 2nd it has nothing to say about that. In Fact, where a lot of the Amendments sayt there are laws that Coingress can pass to add to or organize ways if enacting laws, but I see no such words in the 2nd other than "SHALL NOT BE INFRINGED UPON>"

  • netandyawho

    Nobody in their right mind would live in the State of NY. Those that are living there now are not welcome in Oklahoma. We don't need their kind.

  • Phil Sandy

    This is a commercial issue not one of government taking anything from us, we simply agreed and consented to this, however unknowingly. This "confiscation" comes by way of private agreement with authorizing signature and applying for benefits/privileges/opportunites from government. Applying for a license/permit is nothing more than begging to be regulated by "This State". It generally follows that when begging for and accepting the benefit/privilege/opportunity heretofore known as BPOs that a duty is required, some sort of political liabilityn is attached with obligations for compelled performance by way of the agreement. To apply means to beg for a BPO and permission to act in such a way that is generally illegal and the law maxim is the preumption that the "Beggar knows what is begged for." so one cannot state that they were ignorant of the considerations/consequences if one fails to, or breaches their duty/performance of the agreement one begged for. This is wrought with duplicity surely, however it is in no way unlawful/illgeal simply because one asked for it in the first place. Please examine the work of former Texas lawyer Harmon Taylor. He is the one man who is providing the truth where no one else is currently. He worked the Oklahoma City bombing of 1995 and the Terre Haute case which ensued thereafter. The Constitution provides that a criminal case must be tried in the county/state wherein the crime is to have taken place. So then why was Terry Nichols tried along with McVey tried in Indianna instead of Oklahoma/city?

    Talyor realized after failing to preserve evidence of the crime by demanding that the Murrah building not be imploded and the trial proceed in Oklahoma, clearly it was not and the building was destroyed. After much research Taylor was able to conclude the horrible and devestating answer, which is " We do NOT now , nor have we ever had a Constitution. The National Constitution we all have been led to believe s the law of the land created nothing, rather it only set aside the Articles of Confederation. Since 1965 we stopped using these time honored illusions and left the place where a law of the LAND was replaced by the non-constitutional to the state of commercial law , or law merchant law. This is evidenced by the condification of the UCC-uniform commercial code which happened in 1965 for all of the states in what was a union of states held by compact i.e. the Constitution. We replaced the old nexus which was the use of an honest system of weights and measure regarding lawful silver currency with "Funny Money" federal reserve notes backed by nothing of intrinsic value and having zero accountability from the issuer, the Federal Reserve System/bank, which are simply a group of 12 banks owned privately and where the sharelolders are not revealed to the public, and where tender, not lawful money i.e. gold and silver coinage is minted and issued by the member states of the union of states for PAYMENT OF DEBT/OBLIGATIONS and the VALUE=buying power is controlled by the same. This is the basis for the Lex Mercatoria/law merchant law. By using FRNs/federal reserve notes we have agreed to accepting a BPO form not only government but from one of its contracted agencies and owe a duty/obligation/compelled performance for the consideration of the BPO. Please, to all of you who are truly, sincerely interested in removing self from these obligations and compelled performances or be charged and called to answer for a breach of duty I reccommend that you freedom lovers subscribe to his email and newsletter, which he does answer questions. Taylor rescinded/surrendered his BAR membership and closed his successful Texas law practice. This after 7 years of academic effort to acquire, for he could not in good conscious and having any iota of ethical morality continue to provide a Satanic system with energy,effort and revenue, so he quit, simple as that. Now he lives and works at the Common Law. I was sent here by Harmon Taylor to examine this story and review it with a critical, logical application of the law using a legal reality approach instead of some fringe appkication having zero lawful history, or some new approach with no historical law signifigance. So folks if you'd really like the truth and a shock to the illusionary story filled mind examine Mr. Taylor's( [email protected] ) work. It is only when we realize we have been dupped and "had" hoodwinked, if you will, that we have any chance of redemption and freedom as it pertains to self governance and liberty. Thank you for taking the time, effort and energy to read the foregoing information. It is my wish and intention that it will assist all of you who are longing for freedom and to be free forever and if it helped even one man/woman positively then I feel it was worth the expense of typing it. Pax aut bellum, MOLON LABE!

    Respectfully in truth and liberty,

    Phillip - Defender of the republic that once was, and the Sovereign spoken of in the case of Yick Wo v. Hopkins US 118.356,370 and Oathkeeper

    PS thanks to Gary Franchi of the Now Next News an honest news org having zero corporate funding and biased toward FREEDOM, for without freedom nothing is possible. So thank you Harmon and Gary for all you do to open our eyes to something we have never really had.....FREEDOM!

  • 1S-1K

    Gun confiscation is un-constitutional. Anyone who has a firearm confiscated should sue their state. Start a class action suit and fight the illegal action. Any of these laws passed need to be rescinded. They are illegal !!

    • Phil Sandy

      It is a commercial issue and a tort cause of action could and should be served and filed certainly! One can be a private attorney general for prosecuting a casue of action wherein a class of people can be represented and triple damages are awarded, anyone can do this, additionally a writ of Quo Warranto should be issued as well. This is an atom bomb at law, as the effects of it can result in stopping ALL comercial activity by dissolving the city/county/state charters and artilcles of incorporation, VERY VERY effective.
      Pax aut bellum, MOLON LABE!

    • Old Wolf

      Not only are they illegal, as in void from their inception, but they are also felonious acts in enforcing them. (see title 18, section 242, and the history under Monroe v. Pape and Ex Parte State of Virginia). There is no immunity.

    • 1S-1K

      Check this out on line. There was a law passed in the congress in 1902 called the Dick Act of 1902/1903. It stated that if ANYONE in the USA tried to start gun control they could be tried for treason and impeached. Check it out.