I had no sooner gotten off the phone with Attorney Jim Tresmond of Tresmond Law in New York, an attorney for David Lewis who had his civil rights violated and his guns confiscated by New York Police, than I received word from Tom Wise, with Amendment Arms, that the County of Erie had released a statement in which they claims that the New York State Police are to blame in the matter and that they made a major mistake regarding violating Mr. Lewis' rights. I'll bet they did and I'll bet there is a lawsuit brewing.
The Press release, dated April 10, 2013 reads,
"Erie County Clerk Chris Jacobs said that late today he received a call from the New York State Police informing him that they had provided information on the wrong person when they notified his office of someone whose permit should be suspended because of the new mental health provisions in New York's SAFE Act."
The statement went on to state that the County of Erie "received correspondence from the State Police that a pistol permit holder in our County has a mental health condition that made them a potential harm to themselves or others, a provision in the NY SAFE Act that requires suspension of their pistol permit license."
Remember, I have been one from the outset that told people to be wary of the mental health argument in regards to arms. Not only are our veterans being targeted, but so are law abiding citizens who really don't have a mental health issue.
"Acting on the information provided by the State Police, the judge issued a suspension of the permit pending a hearing."
This would include Sgt. Johnson, that Mr. Tresmond mentioned in my interview with him.
"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."
What can I say? From the horse's mouth eh? Yes, you all look foolish in the New York system up there by allowing such legislation in the first place. It is a clear infringement upon the U.S. Constitution and the way this played out is evidence that Governor Cuomo's SAFE Act is a really, really, really bad piece of legislation.
Mr. Jacobs says that he believes the central reason for the error in in the inherent flaws in the mental health reporting provisions in the NY SAFE Act. He said, "Until the mental health provisions are fixed, these mistakes will continue to happen."
For the record, until the NY SAFE Act is repealed these mistakes will happen, not just the portions dealing with mental health. Jacobs also spoke with WBEN. "When you write a piece of legislation in a vacuum, without having hearings, without talking to people about how it's going to implemented in the real world — without jeopardizing people's rights, and putting an individual like this through a nightmarish experience, and infringe on their rights, you have to go back to the drawing board," he said. "And I encourage the legislative leadership here and mostly our governor to take a step back and say 'we didn't get it right' and let's change this." Listen to his interview below.
Now there's some wisdom, albeit late. However, I'm doubtful the governor or the state legislature will heed Jacobs' advice.
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