Tresmond Legal Defense Fund - NY Gun Confiscations / Civil Rights Case
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Thread: Tresmond Legal Defense Fund - NY Gun Confiscations / Civil Rights Case

  1. #1

    Tresmond Legal Defense Fund - NY Gun Confiscations / Civil Rights Case

    David, a resident of Amherst NY is the first known NY State resident to be forced to surrender his pistol permit, pistols and magazines under the guise of the NY Safe Act.

    BREAKING NEWS: Thanks to efforts by Tresmond Law, it appears David’s pistols/permit will be returned tomorrow. The NYSP claims that the wrong person was targeted;HOWEVER, a civil rights lawsuit will be aggressively pursued!!Erie County Clerk, Chris Jacobs, stated “Today, we all look like fools” and believes David's case shows there is a serious flaw with that part of the law.

    There is an urgent need to fund ongoing efforts by Tresmond Law to pursue this case including a civil rights lawsuit on behalf of David. At present, the best way to donate to the legal defense fund is to mail donation checks payable to “James D. Tresmond” to: James D. Tresmond, 222 Long Avenue, Hamburg, NY 14075. Please note on your check that it is a donation/gift for the defense fund.

    Alternative methods to donate via credit card, PayPal are being pursued.

    WIVB Article Police wrongly pulled man's gun permit
    State Police forced an Amherst man to turn in his guns after suspending his pistol permit over anti-anxiety medication. But now they say it was all a misunderstanding.

    Erie County Clerk Chris Jacobs said, "Today, we all look like fools."

    "David," a 34-year-old college librarian, recently had his pistol permit taken away. Erie County's Licensing Officer, Supreme Court Justice William Boller, was following a recommendation from State Police that David's permit be revoked because he used anti-anxiety medication in the past.

    But then, just before the close of business Wednesday, County Clerk Chris Jacobs received a voicemail from State Police in Albany, saying it was all a mistake and that they had the wrong man. "Now we find out that State Police and the Division of Criminal Justice in Albany got it wrong. They did not do their due diligence; they did not appropriately and fully investigate this to make sure it was the right person. And now, we have to quickly act to reinstate that right," Jacobs said.

    The NY SAFE Act requires mental health providers to inform the state, when a permit-holder or someone trying to get a pistol permit is receiving mental health treatment or taking medication and is "likely to engage in conduct that would result in serious harm to self or others."

    Jacobs believes David's case shows there is a serious flaw with that part of the law.

    "If you try to read the legislation on the mental health provision and how this is supposed to work, it doesn't look like it's going to work on paper, and now we know it really doesn't work," Jacobs said. "And as a result, in this case, we had somebody who was, I think, probably embarrassed. Name was dragged out in public; they were deprived of their property and their rights here."

    Attorney Jim Tresmond, who represents David, said, "Due process should come before the suspension. That's where due process comes in. Before your rights are taken, due process must occur. That's our constitutional right, not the reverse."

    Jacobs is meeting with Judge Boller on Thursday. Most likely, he says, Boller will remove the suspension, and David will be able to retrieve his pistols from Amherst Police..

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  3. #2
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    "The NY SAFE Act requires mental health providers to inform the state, when a permit-holder or someone trying to get a pistol permit is receiving mental health treatment or taking medication and is likely to engage in conduct that would result in serious harm to self or others."
    .
    This is a very dangerous provision. People with minor problems like anxiety may avoid treatment for fear of being reported. They aren't even remotely dangerous. I can fully understand a mental health professional reporting someone who has threatened harm to self or others but revoking a permit over medication is absurd. What many don't know is that people with certain cardiac conditions sometimes take anti-anxiety medications even though they have no issues. The medication is used during periods of heavy stress or workloads as a pre-emptive measure to keeping the heart from converting to arrythmia.
    .
    Judge Boller continues to present a problem. Despite his roots and the efforts of his son defending his actions I believe he needs to be voted out.
    GOD, GUNS and GUITARS

  4. #3
    This country is going to legislate itself to death. I am pretty sure that we all have scene TV ads for prescriptions drugs and at the end of the ad they start talking fast concerning all the side effects that the prescription can cause. If you follow NY state loose logic they may try to pull your carry permit based on those effects. That is crazy. We had some fool who recently got there driver license racing up a residential street at 80 mph and hit a parked car and killed one of the infants in the car. I could not believe that I heard people say that speed bumps should be placed on residential streets. Really, across the whole city. I think not.

  5. #4
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    Quote Originally Posted by leadsender View Post
    This country is going to legislate itself to death. I am pretty sure that we all have scene TV ads for prescriptions drugs and at the end of the ad they start talking fast concerning all the side effects that the prescription can cause. If you follow NY state loose logic they may try to pull your carry permit based on those effects. That is crazy. We had some fool who recently got there driver license racing up a residential street at 80 mph and hit a parked car and killed one of the infants in the car. I could not believe that I heard people say that speed bumps should be placed on residential streets. Really, across the whole city. I think not.
    NYS does not, cannot and will not revoke or suspend a CCW permit based solely on medication. The reasons for which a permit can be revoked are defined in Article 400 of the penal law and this isn't one of them. The decision to revoke, suspend or deny must not be arbitrary or capricious and is not subject to the sole opinion of the licensing officer (judge). There is significant caselaw regarding Article 78 proceedings. Article 78 of the Civil Practice Law and Rules is the manner in which one challenges the decision to revoke as arbitrary or capricious. This caselaw has long established that reasons for denial or revocation must be in accordance with certain criminal behaviors and those not suitable for licensing. Most states that issue permits, even "shall issue" states, have such provisions in their law to prohibit certain persons from getting a CCW permit.
    GOD, GUNS and GUITARS

  6. #5
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    Quote Originally Posted by BC1 View Post
    NYS does not, cannot and will not revoke or suspend a CCW permit based solely on medication. The reasons for which a permit can be revoked are defined in Article 400 of the penal law and this isn't one of them.......
    .

    It appears that this is what happened in Amherst, NY recently :

    Gun permit suspended over medication | WIVB.com

    .
    “The American people will never knowingly adopt socialism, but under the name of liberalism they will adopt every fragment of the socialist program until one day America will be a socialist nation without ever knowing how it happened.”

  7. #6
    Uh...exactly what is the "donation" going to be used for?

  8. #7
    Join Date
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    .

    Just released by Tresmond Law (esp. note the last sentence):

    For Immediate Release


    (Buffalo, New York) For the record, it is our position that the New York State Police targeted our client, Mr. Lewis, from the outset of their request that his pistol license be suspended. New York State Police officials provided Erie County Clerk Chris Jacobs with our client's name, address, pistol license number, number of handguns owned by Mr. Lewis, and other identifying information that made it clear they were looking for our client. Our client was contacted by the New York State Police. This is not a simple case of mistaken identity. Mr. Lewis's medical privacy was invaded and he was publicly defamed and humiliated by New York State officials. We will file suit shortly.


    As many are well aware, our client Mr. Lewis had his pistol license suspended by a New York State Supreme Court Justice at the request of a New York State Police Sergeant. The NYSP official requested the suspension pursuant to the mental health provision of the NY SAFE Act of 2013. Upon our investigation, we determined that Mr. Lewis’s medical records had been examined without a valid search warrant, in clear violation of federal and state privacy laws in addition to the New York State Criminal Procedure Law. On Thursday, April 11th, 2013, New York State Supreme Court Justice M. William Boller reinstated Mr. Lewis’s firearms license. New York State police officials claim they “had the wrong guy”. The evidence tells another story. Mr. Lewis was directly targeted by Sgt. Jackson of the New York State Police and further investigation reveals systemic fourth amendment violations within the New York State government.


    Confidential informants from within the New York State government have since come forth with information regarding the creation a clandestine “HIPAA” unit comprised of approximately seven members within the Division for Criminal Justice Services , charged with examining New York residents’ medical records without warrant


    We will be relentless in our pursuit of the truth and justice in this case.
    James D. Tresmond, Esq.
    Attorney for David Lewis
    “The American people will never knowingly adopt socialism, but under the name of liberalism they will adopt every fragment of the socialist program until one day America will be a socialist nation without ever knowing how it happened.”

  9. #8
    Quote Originally Posted by BC1 View Post
    NYS does not, cannot and will not revoke or suspend a CCW permit based solely on medication. The reasons for which a permit can be revoked are defined in Article 400 of the penal law and this isn't one of them. The decision to revoke, suspend or deny must not be arbitrary or capricious and is not subject to the sole opinion of the licensing officer (judge). There is significant caselaw regarding Article 78 proceedings. Article 78 of the Civil Practice Law and Rules is the manner in which one challenges the decision to revoke as arbitrary or capricious. This caselaw has long established that reasons for denial or revocation must be in accordance with certain criminal behaviors and those not suitable for licensing. Most states that issue permits, even "shall issue" states, have such provisions in their law to prohibit certain persons from getting a CCW permit.
    You are correct BCI, but the fact remains that it was done to Mr Lewis without 'due process.'
    So it can be done, it's not supposed to be done.. That is what we must fight.
    Jim Page

    Cogito, ergo armatum sum

  10. #9

    Exclamation

    Quote Originally Posted by BC1 View Post
    NYS does not, cannot and will not revoke or suspend a CCW permit based solely on medication. The reasons for which a permit can be revoked are defined in Article 400 of the penal law and this isn't one of them. The decision to revoke, suspend or deny must not be arbitrary or capricious and is not subject to the sole opinion of the licensing officer (judge). There is significant caselaw regarding Article 78 proceedings. Article 78 of the Civil Practice Law and Rules is the manner in which one challenges the decision to revoke as arbitrary or capricious. This caselaw has long established that reasons for denial or revocation must be in accordance with certain criminal behaviors and those not suitable for licensing. Most states that issue permits, even "shall issue" states, have such provisions in their law to prohibit certain persons from getting a CCW permit.
    It did happen, please explain that

  11. #10
    Listen to the Tom Baurle show on the WBEN-AM (Buffalo) website. The NY State Police is on a covert mission, through Emperor(oops....) Governor Coumo's office to carry out the Obama/Biden Plan for Gun Confiscation. They were caught with their hand in the cookie jar and their illegal actions will be shown to originate at the White House.

    They got caught violating our Constitutional Rights by scouring medical and Rx records WITHOUT PROPER WARRANTS. If this can be proven, it may derail Coumo in his quest for the White House, and hopefully, cost him the Governors office.

    Listen to the broadcast..... Your eyes will be opened. We need to be vigilant.

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