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Thread: Remington - and Bushmaster - staying in NY despite SAFE act...

  1. #41
    JSDinTexas Guest
    I don't own anything made by Remington or Bushmaster I consider them mediocre companies with only average products.

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  3. #42
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    Quote Originally Posted by BC1 View Post
    Just a couple of things...
    .
    First, this is in response to my comment that NYS has not banned assault rifles but has rather changed the means-test criteria for weapons that can be purchased. The means test requires the weapon have no more than one of the features defined in S265.00 NYS PL. AR's that contained more than one of the features are grandfathered-in.
    .
    Second, this mag capacity arrest has nothing to do with the Safe Act. In January, when he was arrested, the mag restriction on 10 round mags was not yet in effect. It took effect April 15, 2013. So he was arrested under the old law defining any 30-round mag manufactured after 1994 as criminal possession of a weapon under Article 265 NYS PL. He had until April 15, 2013 to dispose of those mags. However, under the old law one is required to be able to prove the date of manufacture is pre-1994. And that is usually not possible. Of all the guns I own, none of my mags have a date of manufacture or a serial number that can be traced back to a date of manufacture. So if I'm in possession of a 30-round mag without a serial number or date of manufacture I am unable to prove the legality of the mag. Had the mags contained this information he couldn't have been arrested. For this reason I have always taught NYS students to get rid of it if there is no date or serial number.
    .
    Third, and most importanly, ignorance of the law is never a defense. As someone who teaches the NYS Penal Law we must understand he has an obligation to understand the laws in effect in January 2013. Although we may not agree with a law there are procedures for overturning bad legislation. Ignoring it, pleading ignorance or defying it will ony bring trouble. On January 15, 2013, the day the Safe Act was passed I began teaching my students to reduce their mags to seven-rounds. Immediately. Start getting used to it. Don't make a mistake and carry more than the law allows after April 15, 2013. Carry another mag if you feel the need. But don't test the law.
    .
    Now I personally don't agree with the law. It's a joke. It's ignorant for Andrew Cuomo to submit a position that possessing mags with a capacity exceeding ten rounds will reduce crime. It's nonsense. It's part of a larger agenda and I believe he'll pay dearly on election day. But I will follow the law until such time it is overturned because if I don't, I'll surely be charged and lose my firearms. And moving out-of-state is not an option. Too much $$ involved with uprooting everything.


    NY Gun Confiscation Underway – Citizens Told to Turn in Pistol Owner ID & Firearms
    http://www.ammoland.com/2013/04/new-...#axzz2R3JVB1MJ

    Today is Sunday, April 21, 2013 RSS feed

    NY Gun Confiscation Underway – Citizens Told to Turn in Pistol Owner ID & Firearms
    Published on Monday, April 08, 2013



    Manasquan, NJ --(Ammoland.com)- Remember all those who denied that firearms confiscation as a result of New York’s new gun laws was too “insane” to even consider?

    That it was strictly in the realm of paranoid conspiracy theorists and the “it cant happen here crowd”?

    Those were and remain some of the standard replies to anyone who even thought about the possibility, let alone gave voice to it, despite the fact that Gov Cuomo and numerous other officials made public comments about such a plan, as I discussed in my article “Feinstein & Cuomo Admit Planning Australian Style Government Gun Buy Back” .


    Elected Officials, the media, various Gun Control Groups and their zealous forced disarmament supporters, even some firearms owners themselves all insisted it was to crazy to even consider.

    There’s just one huge problem it is happening now in New York State!
    It seems those that tried desperately to warn of such an insidious plot had hit the bullseye with their warnings after all. News came from multiple NY State based firearms enthusiast websites late Friday that confiscations of Pistol Owner ID Cards, as well as firearms and accessories has commenced in NY under the provisions of the horribly flawed, draconian and blatantly unconstitutional NY SAFE Act.

    Those folks having their weapons and FID cards confiscated have been discovered to have been prescribed multiple different types of psychotropic drugs, such as those for Depression or Anxiety. These are known as SSRI ( Selective Serotonin Reuptake Inhibitors) class drugs and have the potential to cause serious and adverse side effects, something I wrote about extensively last week in an article that went viral in days and caused multiple Anti Gun and Progressive News Groups to initiate a concentrated denial of service hacker attack against Ammoland Shooting Sports News (see Daily KOS ” Keeping Track Of The RKBA Crowd” Daily Kos: Keeping track of the RKBA crowd), in an effort to keep the information from the public.

    From NY NYS Police Departments Revoking Pistol Permits because of Anti-Anxiety Meds


    “John Doe, an upstanding professional with no outstanding criminal convictions and no history of violent action received a letter from the Pistol Permit Department informing him that his license was immediately revoked upon information that he was seeing a therapist for anxiety and had been prescribed an anxiety drug. He was never suicidal, never violent, and has no criminal history. The New York State Department of Health is apparently conducting a search of medical records to determine who is being treated for anxiety drugs and using this as a basis for handgun license revocation.

    Those are the facts. Nothing more, nothing less.
    Now, before anyone trots out the old saw about how this is nothing more then a paranoid, unsubstantiated rumor on a “gun nuts” internet forum. I spoke to the Attorney of Record in this matter on the phone this morning and he confirmed that the above snippet is accurate and these cases are happening!


    Get your FREE 2A Flashmob Patch – See if your eligible here!

    James Tresmond Esq confirmed in our conversation that the above mentioned case is occurring in Erie County NY, it is his client that has been effected, and as yet unknown sources have seen fit to take it upon themselves to share confidential medical records with NY State Officials without authorization, a massive HIPPA violation.


    It seems these supposedly confidential records are then compared against a list of known NY pistol license holders and letters are sent out demanding their Pistol Owner ID Cards be surrendered, as well as any firearms and accessories.

    Here is a link to the Attorney of Record on this case, Jim Tresmond, giving a radio interview on the Tom Bauerle Show on WBEN 930AM/107.7 FM:

    http://www.wben.com/topic/play_windo...udioId=6319907

    This is an unprecedented violation of a Citizens 2nd, 4th, and 5th Amendment RIGHTS, brought to fruition by power and control hungry tyrants holding elected office who swore an Oath to uphold and defend the very rights they are now actively stripping from their constituents.

    Moreover, the confiscation efforts underway in NY State have had another, albeit unintended effect. By undertaking this course of action, those in power have inadvertently pulled back the curtain on something they have suppressed from the Citizens for far to long, leaving them with precious little wiggle room to explain away their actions.
    •Either they are acknowledging that there is in fact some sort of little reported link between the prescribing of psychotropic drugs and violent behavior, thus they are somehow, at least in their own minds “justified” in their actions to preempt someone from violence.
    •Or, this is nothing more then a backdoor confiscation effort and massive abuse of governmental power unleashed on innocent Citizens.

    Those are the only two possible explanations.

    If anyone still feels some level of doubt regarding the veracity of this story, Attorney Tresmond welcomes anyone to visit his website tresmondlaw.com, Facebook page ( https://www.facebook.com/james.tresmond.7 ), or send an email to [email protected].


    Mr Tresmond asks that those making inquiries be mindful and respectful of the fact that they have been deluged with inquiries in recent days and therefore a personal reply may be delayed or impossible due to the volume.


    Read more at Ammoland.com: http://www.ammoland.com/2013/04/new-...#ixzz2R3KbMK7q

    __________________

  4. #43
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    Quote Originally Posted by Koolbota View Post
    NY Gun Confiscation Underway – Citizens Told to Turn in Pistol Owner ID & Firearms
    http://www.ammoland.com/2013/04/new-...#axzz2R3JVB1MJ

    Today is Sunday, April 21, 2013 RSS feed

    NY Gun Confiscation Underway – Citizens Told to Turn in Pistol Owner ID & Firearms
    Published on Monday, April 08, 2013



    Manasquan, NJ --(Ammoland.com)- Remember all those who denied that firearms confiscation as a result of New York’s new gun laws was too “insane” to even consider?

    That it was strictly in the realm of paranoid conspiracy theorists and the “it cant happen here crowd”?

    Those were and remain some of the standard replies to anyone who even thought about the possibility, let alone gave voice to it, despite the fact that Gov Cuomo and numerous other officials made public comments about such a plan, as I discussed in my article “Feinstein & Cuomo Admit Planning Australian Style Government Gun Buy Back” .


    Elected Officials, the media, various Gun Control Groups and their zealous forced disarmament supporters, even some firearms owners themselves all insisted it was to crazy to even consider.

    There’s just one huge problem it is happening now in New York State!
    It seems those that tried desperately to warn of such an insidious plot had hit the bullseye with their warnings after all. News came from multiple NY State based firearms enthusiast websites late Friday that confiscations of Pistol Owner ID Cards, as well as firearms and accessories has commenced in NY under the provisions of the horribly flawed, draconian and blatantly unconstitutional NY SAFE Act.

    Those folks having their weapons and FID cards confiscated have been discovered to have been prescribed multiple different types of psychotropic drugs, such as those for Depression or Anxiety. These are known as SSRI ( Selective Serotonin Reuptake Inhibitors) class drugs and have the potential to cause serious and adverse side effects, something I wrote about extensively last week in an article that went viral in days and caused multiple Anti Gun and Progressive News Groups to initiate a concentrated denial of service hacker attack against Ammoland Shooting Sports News (see Daily KOS ” Keeping Track Of The RKBA Crowd” Daily Kos: Keeping track of the RKBA crowd), in an effort to keep the information from the public.

    From NY NYS Police Departments Revoking Pistol Permits because of Anti-Anxiety Meds


    “John Doe, an upstanding professional with no outstanding criminal convictions and no history of violent action received a letter from the Pistol Permit Department informing him that his license was immediately revoked upon information that he was seeing a therapist for anxiety and had been prescribed an anxiety drug. He was never suicidal, never violent, and has no criminal history. The New York State Department of Health is apparently conducting a search of medical records to determine who is being treated for anxiety drugs and using this as a basis for handgun license revocation.

    Those are the facts. Nothing more, nothing less.
    Now, before anyone trots out the old saw about how this is nothing more then a paranoid, unsubstantiated rumor on a “gun nuts” internet forum. I spoke to the Attorney of Record in this matter on the phone this morning and he confirmed that the above snippet is accurate and these cases are happening!


    Get your FREE 2A Flashmob Patch – See if your eligible here!

    James Tresmond Esq confirmed in our conversation that the above mentioned case is occurring in Erie County NY, it is his client that has been effected, and as yet unknown sources have seen fit to take it upon themselves to share confidential medical records with NY State Officials without authorization, a massive HIPPA violation.


    It seems these supposedly confidential records are then compared against a list of known NY pistol license holders and letters are sent out demanding their Pistol Owner ID Cards be surrendered, as well as any firearms and accessories.

    Here is a link to the Attorney of Record on this case, Jim Tresmond, giving a radio interview on the Tom Bauerle Show on WBEN 930AM/107.7 FM:

    http://www.wben.com/topic/play_windo...udioId=6319907

    This is an unprecedented violation of a Citizens 2nd, 4th, and 5th Amendment RIGHTS, brought to fruition by power and control hungry tyrants holding elected office who swore an Oath to uphold and defend the very rights they are now actively stripping from their constituents.

    Moreover, the confiscation efforts underway in NY State have had another, albeit unintended effect. By undertaking this course of action, those in power have inadvertently pulled back the curtain on something they have suppressed from the Citizens for far to long, leaving them with precious little wiggle room to explain away their actions.
    •Either they are acknowledging that there is in fact some sort of little reported link between the prescribing of psychotropic drugs and violent behavior, thus they are somehow, at least in their own minds “justified” in their actions to preempt someone from violence.
    •Or, this is nothing more then a backdoor confiscation effort and massive abuse of governmental power unleashed on innocent Citizens.

    Those are the only two possible explanations.

    If anyone still feels some level of doubt regarding the veracity of this story, Attorney Tresmond welcomes anyone to visit his website tresmondlaw.com, Facebook page ( https://www.facebook.com/james.tresmond.7 ), or send an email to [email protected].


    Mr Tresmond asks that those making inquiries be mindful and respectful of the fact that they have been deluged with inquiries in recent days and therefore a personal reply may be delayed or impossible due to the volume.


    Read more at Ammoland.com: http://www.ammoland.com/2013/04/new-...#ixzz2R3KbMK7q

    __________________
    I've seen all these links before. They are not reputable sources. There are no fake subpeonas being issued without a judge's signature by Cuomo. There are no blanket, county-wide requests for medical information or for any aggregate prescription data. Chicken Little is alive and well in chat rooms. There is much more to this story than Tresmond has detailed.
    .
    If Cuomo wanted to revoke permits of many tens of thousands of people taking certain medications, it would apply to the state as well. Any police officer, court officer, PI, DA, investigator, CPS worker, social worker, parole/probation officer, etc... who takes such medications would be ineligible to perform their duties. Revoked means exactly that... revoked for EVERYONE.
    GOD, GUNS and GUITARS

  5. #44
    "The site is the campus of St. Elizabeth Hospital, a former federal asylum"

    Seems appropriate.
    You can have good intentions and not be right.

  6. #45
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    Quote Originally Posted by BC1 View Post
    I've seen all these links before. They are not reputable sources. There are no fake subpeonas being issued without a judge's signature by Cuomo. There are no blanket, county-wide requests for medical information or for any aggregate prescription data. Chicken Little is alive and well in chat rooms. There is much more to this story than Tresmond has detailed.
    Hey BC. I'm confused as to what your position on a couple of things is here. First, do you consider Ammoland.com to not be a reputable source? If so, would you please elaborate as to why? If not, I'll take it that you were simply referring to the links within their link, which is fine, but I am just trying to figure out your position on Ammoland.com.

    Second, I clicked on this link:
    NYS Police Departments Revoking Pistol Permits because of Anti-Anxiety Meds


    I was surprised, and a little disappointed, to find nothing more than another gun forum posting (as a source for technical legal issues!), albeit a NY-specific gun forum. That said, since it is a NY gun forum, I decided to scan through it to see if people posted any links within the 18 pages of banter, which by the way, only lasted between 4/4/13 and 4/12/13, after the case that started all this was resolved by a NYS Supreme Court (Chief?) Justice who ruled the victim of the confiscation to be an error, and ordered the suspension void and the weapons returned to "John Doe" on 4/11/13. Substantive links were few, if any. I didn't read the whole thread, just scanned for links and for posts by "Maximillian Tresmond" of tresmondlaw.com, whom I assume is either James Tresmond or a family member working in his office. His user name was the source of most new information, and referenced by the owner of the site's OP as his source throughout the thread. Also referenced several times in the thread was the assertion that "calls" (plural) and "other cases" were coming in/being represented to/by Tresmond Law. What I noticed there though, is that Tresmond stopped posting as soon as the original case was resolved, so I don't know if there's another thread relating to the other cases and there really are other cases, or if that was just a bunch of woo-woo on Tresmond's part in a kind of fishing expedition to get more potential clients to call his office for....well....whatever. I'm open to either/or being the case. I just noticed he bailed on the thread at that point is all.

    Anyway, I found a couple of posts that I'd like your opinion on, BC. This is the first one:

    Quote Originally Posted by Maximillian Tresmond
    Quote Originally Posted by tripwierz
    But I would hope the officers didn't just seize property without an order.
    He was not presented with a court order. His property was seized without a hearing. This is frightening on so many levels.
    As I understand it, a court order or hearing is not a normal way of suspending or revoking a FOID in your state. I've read that it is within the sole purview of the local county licensing authority (commissioner, or whatever you call them up there). I'd be interested in hearing your take on that issue, but I'm more interested in hearing what you think of that post in relation to this one:

    Quote Originally Posted by Little-Acorn
    Quote Originally Posted by jmac00
    "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."
    Thank God, one for the good guys.
    Nope, the good guys didn't win that one. They let the bad guys get away without a scratch, and remain at large.

    NYS didn't give his guns back because it was wrong to take somebody's guns away due to a prescription.

    They gave his guns back because he wasn't the guy with the prescription.

    What was wrong with this situation before, is still just as wrong now. They still believe it's perfectly OK to take away your RKBA due to your having a prescription.

    The bad guys (that is, New York Police) ducked a bullet. (pun intended)
    The point I'm trying to draw your attention to is that the vast majority of posters there believe that the State Police initiated the rummaging around looking for prescriptions being given to gun owners. While I think you're on solid ground saying that Cuomo isn't responsible for that, I'm wondering one, do you agree that the State Police initiated this, and two, if you do, is that any better than Cuomo's office being involved? To me it would be just as troubling that SPOs could contact county licensing authorities in counties where they know they can get cooperation and just fish for prescriptions matching up to FOIDs, even though I acknowledge that the thread on the other forum I'm referencing here contains no evidence that it is indeed a widespread occurrence. It's just the potential for widespread abuse that I'm asking about.

    Blues
    No one has ever heard me say that I "hate" cops, because I don't. This is why I will never trust one again though: You just never know...

  7. #46
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    Quote Originally Posted by BluesStringer View Post
    Hey BC. I'm confused as to what your position on a couple of things is here. First, do you consider Ammoland.com to not be a reputable source? If so, would you please elaborate as to why? If not, I'll take it that you were simply referring to the links within their link, which is fine, but I am just trying to figure out your position on Ammoland.com.

    Second, I clicked on this link:
    NYS Police Departments Revoking Pistol Permits because of Anti-Anxiety Meds


    I was surprised, and a little disappointed, to find nothing more than another gun forum posting (as a source for technical legal issues!), albeit a NY-specific gun forum. That said, since it is a NY gun forum, I decided to scan through it to see if people posted any links within the 18 pages of banter, which by the way, only lasted between 4/4/13 and 4/12/13, after the case that started all this was resolved by a NYS Supreme Court (Chief?) Justice who ruled the victim of the confiscation to be an error, and ordered the suspension void and the weapons returned to "John Doe" on 4/11/13. Substantive links were few, if any. I didn't read the whole thread, just scanned for links and for posts by "Maximillian Tresmond" of tresmondlaw.com, whom I assume is either James Tresmond or a family member working in his office. His user name was the source of most new information, and referenced by the owner of the site's OP as his source throughout the thread. Also referenced several times in the thread was the assertion that "calls" (plural) and "other cases" were coming in/being represented to/by Tresmond Law. What I noticed there though, is that Tresmond stopped posting as soon as the original case was resolved, so I don't know if there's another thread relating to the other cases and there really are other cases, or if that was just a bunch of woo-woo on Tresmond's part in a kind of fishing expedition to get more potential clients to call his office for....well....whatever. I'm open to either/or being the case. I just noticed he bailed on the thread at that point is all.

    Anyway, I found a couple of posts that I'd like your opinion on, BC. This is the first one:



    As I understand it, a court order or hearing is not a normal way of suspending or revoking a FOID in your state. I've read that it is within the sole purview of the local county licensing authority (commissioner, or whatever you call them up there). I'd be interested in hearing your take on that issue, but I'm more interested in hearing what you think of that post in relation to this one:



    The point I'm trying to draw your attention to is that the vast majority of posters there believe that the State Police initiated the rummaging around looking for prescriptions being given to gun owners. While I think you're on solid ground saying that Cuomo isn't responsible for that, I'm wondering one, do you agree that the State Police initiated this, and two, if you do, is that any better than Cuomo's office being involved? To me it would be just as troubling that SPOs could contact county licensing authorities in counties where they know they can get cooperation and just fish for prescriptions matching up to FOIDs, even though I acknowledge that the thread on the other forum I'm referencing here contains no evidence that it is indeed a widespread occurrence. It's just the potential for widespread abuse that I'm asking about.

    Blues
    I think much of it is conspiracy-fueled. My best friend is a criminal defense attorney. Former NYC DA. He was of a similar opinion. No one else in the legal community in lower NY is seeing any problems. The only details we know are either from Tresmond or other posters. While I believe it did happen to these people I'm more curious as to why. Why just those people? There's nearly 1 million CCW permits in NYS. My bet would be a half million of them held by people who have taken meds for anti-anxiety, depression or pain. This would include a large percentage of LEO, court officers, parole/probation officers, investigators,SENATORS etc. They'd have to let all those people go because... people who take such medications are a danger to themselves or others, right?
    .
    In discussing it with my friend he didn't see any legal basis for obtaining medical information unless upon the complaint of a health professional. There is no provision in NYS law that allows the suspension of the license based merely on medication use. Any attempt by the police or staffers to strip a massive number of people of there rights while violating HIPAA to do so just wouldn't fly. They couldn't be that stupid, right? Oh no.....
    GOD, GUNS and GUITARS

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