Big news from New York State on the idiot gun law recently passed...... - Page 2
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Thread: Big news from New York State on the idiot gun law recently passed......

  1. #11
    Quote Originally Posted by AC Orange View Post
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    This story is like a snow ball rolling down a hill, getting bigger and going faster. It is now being reported that there are inside whistle blowers and this thing goes all the way past Cuomo to Obama/Biden and Homeland Security. They believe they have a way to circumvent the HIPPA laws and New York State is the template for the entire country. Really dangerous stuff going on here ......

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    Please cite your source.

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  3. #12
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    “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.”

  4. #13
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    Quote Originally Posted by TomSlick View Post
    Please cite your source.
    The VA system has been bypassing HIPAA for some time. During intake interviews there are a lot of questions regarding mental state. If a vet is depressed or anxious he better not tell anyone. The privacy provision of HIPAA already allows for government reporting where the examiner believes some issues exist. The problem is that everyone with an issue isn't dangerous. And with a large population of the country taking anti-depressents and anti-anxiety drugs it's not such a stretch that HIPAA could be amended as part of a gun bill that allows for increased reporting. It could serve as the perfect vehicle to reduce gun possession or CCW permits. There isn't really a source on this to cite as it's already law. You would need to read the privacy provisions of HIPAA to see where and how it's currently circumvented. The states and non-governmental health providers need only be allowed to follow the same rules as federal agencies. Adding these provisions to HIPAA was allowed by both parties before anyone could fathom it might someday be used to cripple constitutional rights.
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    As it stands now the states can't just compare handgun permit records against prescription medication records and revoke a permit accordingly. There must be a report made by a health professional. In NYS a suspension or revocation may not be arbitrary or capricious. There must be cause. That cause must be specified in writing by a judge. What constitutes cause is defined in Article 400 of the penal law and there is nothing there that prohibits licensing on the basis of medication. Considering the number of elected officials who have a CCW permit and also take certain medications I can't see them voting against thier own interests.
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    It is in the best interest of our entire population to leave this one alone. If people are afraid the presence of a medication alone would get their permit revoked they would stop taking it... and then what? Increase in anxiety or depression in people who stay "even" beause of their meds. It translates to more road rage, child abuse, altercations, arguments, depression, anxiety, inability to cope and frustration. And remember, anger is the ultimate release of frustration.
    GOD, GUNS and GUITARS

  5. #14
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    Quote Originally Posted by BC1 View Post
    There are some issues with this story. Regarding personal medical care, there is no repository to show who gets medical care, who their doctor is and what treatments are provided. So I'm not sure what records can be searched with or without HIPAA. My doctor hand-writes his notes in the chart and puts it back in the file. It's not online. The state has no knowledge who my doctor is or what medical care is received. I believe perhaps this all gets started when a doctor makes a report against one of his patients.
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    In any event I believe a lawsuit is in order against the county and judge. This unconstitutional behavior must be stopped right at the start.
    The VA has all medical records on their computer system; everything, visits, labs, diagnoses, radiology, prescriptions, history including all mental health activity--everything you say, every answer to every question asked. I have never seen any medical professional or staff at the VA write anything out by hand except an appointment card. If a person has access to the VA system they can read everything in a person's file.

    Also, there has been a number of breaches of that system in the form of incompetent "loss" of equipment (lap tops) and hacking in recent years. It's not like they protect your information well enough.
    ...SCOTUS says we're right...You don't like it. I'm sorry you don't like it. I guess that's a problem for you. Some people don't like gays. Some don't like alcohol. Some don't like meat. ~michaelzwilliamson

  6. #15
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    Quote Originally Posted by BC1 View Post
    .......

    As it stands now the states can't just compare handgun permit records against prescription medication records and revoke a permit accordingly. There must be a report made by a health professional. In NYS a suspension or revocation may not be arbitrary or capricious. There must be cause. That cause must be specified in writing by a judge. What constitutes cause is defined in Article 400 of the penal law and there is nothing there that prohibits licensing on the basis of medication.
    .

    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.”

  7. #16
    I keep hearing where people are saying they are asked by their doctor as part of routine if they have guns in their home, along with questions about seatbelt use, etc.

    I do remember being questioned about exercise habits, seatbelt use, etc. but nothing about guns (I would remember that) in the past, but that was long before obamacare. Having an appointment in a couple of weeks, I will refuse to answer, just haven't decided if I should answer with a question, by saying "do you?" or "how does this effect my cholesterol levels?" or calmly state it is none of your business.

    I don't care if I ran into my doc at the range the week before and we talked about our guns, I will NOT answer the question in his office, for then it becomes part of my medical record. HIPPA is a joke, and I have seen serious breeches while waiting for my wife who was having some tests run. What is happening in NY only confirms my approach.
    “Religion is an insult to human dignity. Without it you would have good people doing good things and evil people doing evil things.
    But for good people to do evil things, that takes religion.” ― Steven Weinberg

  8. #17
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    Quote Originally Posted by AC Orange View Post
    .

    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
    Hope the lawsuit when it is filed names each gov't official who helped make the bill law as a co-defendant.
    NRA Certified Pistol Instructor
    NRA Certified RSO
    Normal is an illusion. What is normal to the spider is chaos to the fly.

  9. #18
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    Quote Originally Posted by AC Orange View Post
    .

    It appears a lot of it is coming from this. Since April 19, 2006, Public Health Law requires that all prescriptions written in New York State be issued on an official New York State prescription form. These are NYS supplied (bar-coded) prescription blanks. There are no longer any different blanks for different classes of drugs. Information from these blanks is transmitted to the State for all control drugs (not just narcotics). This includes hundreds of non-narcotic drugs commonly used for hundreds of different conditions. NYS has a record of prescriptions written for people by their doctors. Only the scripts ...... not a reason for issuing them. Anxiety meds can be prescribed for many different things, not just mental illness.

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    I guess they could write a computer program to cross-reference everyone taking Xanax with pistol permits and get a list of permit holders who take medication for anxiety. Too much data for the government to have on it's residents.
    GOD, GUNS and GUITARS

  10. #19
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    The statement 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.'"
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    I have some questions I'm not clear on... According to Tresmond's statement wasn't this reported by a mental health expert as required by law? Who said he was likely to engage in conduct that would result in serious harm to self or others?" Shouldn't Judge Boller have required a statement, report or affidavit by a doctor before he could issue the revocation order? isn't it true that Boller himself didn't complied with the substance of the law. Isn't it true these hacks are trying to enforce laws for which they're don't understand? Isn't this what happens shen our officials broker a tenth-hour backdoor deal with little thought to how the problems of gun violenece should be addressed?
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    In any event, I bleieve he did get his guns back and I believe some people are gonna get smacked hard in a lawsuit. I think there's also a violation of his rights under HIPAA, The SAFE act does not provide that the mere presence or use of medication constitutes grounds for revocation. A mental health report or other affidavit must be filed by a practitioner who is convcered about a patient.
    GOD, GUNS and GUITARS

  11. #20
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    Any MORE questions?!

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