Leftist brayers love to target Constitutional Conservatives (particularly in relation to their “clinging” to the Second Amendment, yes, which gives citizens a right to bear arms!) as “knuckle-draggers”, “bitter clingers”, “mentally challenged” and a host of negative-infused attributes. In fact, if it was up to them we would all be carted off to mental institutions, or worse. Never mind the fact that our positions are, for the most part, backed up by the “law of the land”. However, in a leftist’s mind-trap laws are “progressive” and malleable, even as they dare call the Constitution “living and breathing”, whatever the hell that entails. Though currently living in Israel it is still deeply offensive to watch their wrecking balls.
Along this trajectory of thinking the following was written, duly noted, and its basis served as an initial wake up call. And as a matter of record, this blog pointed out the assault lines being set up, mostly to usher in gun control. Specifically, back in Aug. 2012 the markers were set, laying out the Radical-in-Chief’s second term plans, and chiefly designed to disarm Americans. Most significantly, a disarmed citizenry is a pliable one – https://adinakutnicki.com/2012/08/19/shoring-up-barack-hussein-obamas-second-term-plans-addendum-tobarack-hussein-obamas-deconstruction-plans-green-wise-via-the-economy-disarming-the-citizens-via-gun-control-commentary-by-ad/. Easy as pie.
But not to be lost in the discussion are the beneficiaries of a gun-free populace; Sharia Law advocates in concert with their leftist abettors – https://adinakutnicki.com/2013/03/02/explosive-dhs-insider-reveals-congressman-louie-gohmert-too-disarming-americans-gun-control-empowers-the-redgreen-alliancesharia-law-its-beneficiary-commentary-by-adina-kutnicki/.
Ominously, CDC & FEMA have been co-opted, you know, the same addresses set up to aid victims of disasters, but this time they are the disasters-in-the-making – https://adinakutnicki.com/2013/03/05/cdc-centers-for-disease-control-prevention-fema-what-are-they-up-to-commentary-by-adina-kutnicki/.
Along this anti-American push lies DHS – headed by “mama Janet”- and she has been busy with inexplicable shopping jaunts – https://adinakutnicki.com/2013/03/12/the-increasing-alarm-bells-re-mama-janets-shopping-sprees-for-billions-in-ammo-hardware-alike-commentary-by-adina-kutnicki/ .
And on Obama Inc’s path one also finds all manner of bread crumbs, as they lead into the arms of the thuggish U.N. – https://adinakutnicki.com/2013/03/28/obama-crew-march-in-lock-step-with-un-thugs-chiefly-to-disarm-americans-commentary-by-adina-kutnicki/.
Back to the opening thesis, regarding the “mental health” of American gun owners, one can find these initial goodies, deeply burrowed within Obamacare – https://adinakutnicki.com/2013/02/18/obamas-march-towards-gun-control-runs-through-obamacare-via-its-definition-of-mentally-ill-commentary-by-adina-kutnicki/.
As such, almost on cue, here is the left’s latest “mental health” confiscation/assessment:
‘A FORM OF GUN CONFISCATION HAS REPORTEDLY BEGUN IN NEW YORK STATE — HERE’S THE JUSTIFICATION BEING USED’ – embedded videos – The Blaze
Update: 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:
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.
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.
Most mendaciously, the left’s position on mental health issues has more than exacerbated shooting sprees by truly mentally ill folks, people who require hospitalization for their afflictions, in tandem with requisite professional follow up. But never mind…an individual’s glaring mental health issue is not even on their radar, nor is the safety of the general public.
For if the above was not the absolute truth, then how do they account for the following, which leads directly back to leftist (policy) machinations: their abject refusal to allow involuntary commitment for those who are (more than likely) in danger of lashing out with horrific mass (shootings are the “norm”, but other forms of carnage are used as well) violence- http://www.humanevents.com/2013/04/10/coulter-liberals-go-crazy-for-the-mentally-ill/…http://www.claytoncramer.com/speeches/mental.htm. Yes, the above are the absolute results of leftist interference, in the mismanagement of dangerously mentally ill individuals who often end up stalking the streets, evidenced within this report – http://www.sacbee.com/2013/04/14/5340078/nevada-buses-hundreds-of-mentally.html. While some are homeless, others live within family units.
NEVERTHELESS, despite all the resultant evidence from leftist malfeasance, they brazenly violate the rights of citizens who hardly qualify as mentally ill, yet at some point in their lives used anti-anxiety (or a similar derivative) medication to cope better with life’s unexpected curve balls. Alas, they are the citizens who must be disarmed – for the health of the community! You got that.
Not only have they failed to allow for involuntary commitment of the truly deranged, but they have trampled upon the privacy rights of basically healthy citizens (sans any run-ins with the law, or exhibiting any threatening behavior) by violating their medical files. Sick and twisted. Illegal too.
So if anyone can still state – with a straight face – that gun control is about anything less than Obama Inc’s gunning for total control, then they are truly the ones in need of mental health meds! Commitment too.
Lastly, if anyone expects the Repubs to come to their rescue, as protector’s of their Constitutional rights, think again…even though some are more vocal in their opposition – http://www.wnd.com/2013/04/fierce-opposition-to-gun-control-compromise/. The Radical-in-Chief, as always, will be able to twist their arms, even as they feign “compromise”. To be sure, there is no middle ground when it comes to ones liberties. Once they are given up they are gone. Poof…up in billowing smoke.