Monday, April 08, 2013

Law Firm: New York Matching Up Private Health Records With Gun Permits to Confiscate Firearms

Amazing, isn't it? The Aurora, Colorado movie shooter was on all sorts of prescription medications, warned his psychiatrist of violent fantasies and even left her a notebook. That book remains sealed. The defense has argued, successfully thus far, that it is not evidence because it "is part of doctor-patient privileged communication".

Yet, according to New York's Tresmond law firm, some of that state's law enforcement agencies are dipping into private medical records for the purposes of gun confiscation:

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.

I would like to add that the police departments are demanding that whomever turns in a pistol also turn in accessories for that pistol such as magazines, despite the fact that these magazines are not firearms themselves and anyone can purpose a magazine without a pistol license. Even more troubling was the fact that the police officer taking custody of the pistols cheerily informed the client that "the department" would be destroying his pistols if they were not retrieved within one year. When she was questioned as to what he should do should he choose to sell the pistols out of state, given that he has a property right to the monetary value of the gun, she became confused, her expressions changed to perplexed, and she made a referral to another officer.

Those are the facts. Nothing more, nothing less. (Signed, Max Tresmond)

Aside from being clearly unconstitutional and a violation of all standards for professional medical ethics, New York's actions seem entirely above board.

Which reminds me: in Missouri, of all places, the Department of Revenue, which issues concealed carry permits, may have been caught transmitting private information on permit holders to DHS.

Lieutenant Governor Peter Kinder held a press conference to announce his involvement in an attempt to stop the Missouri Department of Revenue (DOR) from transmitting ... private data to the Federal Government. The data transmission was discovered after ... Missouri resident Eric Griffin’s concealed carry permit was denied when he refused to let the DOR scan and transmit his private data...

According to Lt. Gov. Kinder, this information is not only being turned over to [the federal government], but also to a private agency in another state. Both actions are specifically prohibited by State Law...

This case has issues of statewide importance implicating serious privacy concerns for law-abiding citizens. These folks have followed the letter of the law and been approved for concealed carry by the proper authorities. They must not be required to share that information with any third parties or the federal government.

In my opinion, this is just another example of why gun registration is a very dangerous thing to allow. Nowhere in the Constitution are we required to register our weapons, or apply for any sort of permit to carry them. In fact, the second Amendment itself should be our conceal carry permit.

The Orwellian nature of this Missouri program highlights our need to be vigilant when it comes to suggestions of further gun registrations and legislation. The farther we allow them to go down this road, the easier it becomes for them to implement their ultimate agenda of gun confiscation.

Put simply: gun registration is gun confiscation. It must be rejected.

Also, if you are a New Yorker and need legal advice, Max Tresnmond indicates he can be contacted at info@tresmondlaw.com. Full disclosure: I don't know the man and I can't vouch for his services, but he may be a place to start.


Hat tip: BadBlue Guns.

8 comments:

Bones said...

So if your a gun owner, better not seek any mental health help. I feel so much safer now.

fubar said...

imagine that. a conservative radio host (local one ) was just saying about 2 weeks ago how THIS WOULD NEVER HAPPEN...

Wolf Moon said...

The number of gun owners that this will happen to is massive - in the tens of millions. That's a lot of power. Just sayin'.

Anonymous said...

Has you Dr. ever asked, if you have ever had suicidal thoughts, feel safe in your own home. etc.

Anonymous said...

So much for the doctor-patient privilege in NY.

Anonymous said...

Now the State is saying they got the wrong guy, Give the man back his license and handguns.
I am willing to bet that is lie too.
Either way his rights were violated by an over zealous investigator following a flawed law.

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Greg said...

There are government agencies that will do anything and everything within their power, and overstepping their legal power, to prevent citizens from invoking their right to bear arms. This puts even greater responsibility on the shoulders of all of us, law-abiding citizens who choose to carry a weapon in order to protect ourselves and our families. We must stand up for our rights, and do so in a reasonable and rational way or risk feeding the anti-gunners hysteria.