“The NYS SAFE Act is billed as a necessary law to protect the public and keep guns out of the hands of the wrong people,” wivb.com reports. “But Hamburg attorney Jim Tresmond says his client was notified by letter that his gun permit was suspended upon the recommendation of State Police, who learned the man is on anti-anxiety medication.” With gun owners suffering prohibitions and regulation and fearing federal infringement, this story has gone viral. “Here’s one from The Department of We ****ing Told You So!” a TTAG reader wrote in an email heads-up. Yes, well, I’m not so sure . . .
When I first wrote this post, I hadn’t spoken with Jim Tresmond. I knew him as the Buffalo lawyer who went online looking for Empire State gun guys to participate in a class-action lawsuit against the SAFE Act. I reached out and he responded.
Tresmond and I spoke at length about the story. He emailed me the redacted document featured in the news report above [click here to read it] and provided some more details of the incident. . .
The gentleman in question is 35-year-old librarian David Lewis. According to Tresmond, Mr. Lewis received a prescription for Zoloft last year, after experiencing anxiety about blood tests. He has not been hospitalized for mental illness. He does not have a criminal record. He is no longer taking the drug.
When I asked Tresmond how he knew that the New York State Police pulled Lewis’ license because of his meds, the lawyer said that the information was provided by the court. Unofficially. When I asked Tresmond how he knew that the cops trawled prescription records for a pistol permit holder—as opposed to a medical professional alerting them to potential danger—same answer.
Tresmond sounds sincere enough. And he promised to provide updates. But I’m still left wondering: did this happen? Did the New York State Police really pull Lewis’ pistol permit simply because of his anti-anxiety meds?
It doesn’t make sense. The SAFE Act only directs mental health professionals to inform the state when there’s a public safety danger. As far as I know, it does not authorize access to HIPAA protected medical records. Any such move would bring down a significant shit storm at a time when Empire State gun grabbers are trying to amend and “correct” their anti-gun abortion.
I bring this to your attention for two reasons. First, to point out TTAG’s limitations.
In case you didn’t know, TTAG doesn’t have a team of reporters. While we’re cynical bastards and we dig around for “extra” info on stories as often as possible, we take a lot of stories at face value. We also edit stories for accuracy after publication (often thanks to our readers’ comments). And yes, there have been more than a few times when we’ve got it completely wrong and pulled a misleading or bone-headed post. So it behooves you to read anything we publish with a grain of salt.
Which brings me to point two: there’s a lot of fear and loathing out there. During these dark and dangerous days for American gun rights, gun guys are extremely sensitive to the slightest infringement—editorial or legislative, planned or actual. As well they should. But it’s our ability to see things clearly, as they really are, that distinguishes gun rights advocates from the civilian disarmament utopians. In other words, things are bad enough without making shit up. Or believing the worst without solid evidence.
This website has come a long way since it began, both in terms of traffic and coverage. I’m determined to use the income we generate from your patronage to improve our reportorial and, equally, our editorial standards. But ultimately it’s you, our readers, who keep us honest. Your comments and emails ([email protected]) are critical to our success. As you formulate your thoughts and share your knowledge, please remember that things are not often what they seem. Even when they seem bleak.
Tar and feather the teacher! This is too far!
Statists love revisionist history…they just change it to fit their Agenda du jour.
The government can’t legally confiscate an individual’s guns without jumping through the hoops of due process.
Period.
Anyone who advocates that this should happen is a traitor, both to the Constitution and to his fellow citizens.
Regardless, the SAFE act does indeed provide for such measures to be taken by NY Police Departments. The evidence is thin here, but this story is in accordance with the language of the Act. NY has had wide discretionary latitude with the issuance of pistol permits for quite some time.
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Please avoid linking YouTube videos inline. It often breaks mobile browsers.
A bit cheesy, but good stuff 🙂
Question for the law degree holder, if Black’s Law Dictionary comes out with a new edition, does that void all previous editions? For instance, you say that “infringement” is no longer in the Black’s you referenced, but was it in earlier editions and if so, are those earlier editions still valid?
I love Black’s and reference it a lot to educate myself on various legalese, but sadly I do not have a law degree and thus, can hardly read!
I am thinking the most recent edition is the one of record. So… YES. Shit Creek just jumped its banks in our direction.
What I find really problematic about campus gun-free zones is when this prohibition extends to university-owned housing (campus housing/dorms). It’s effectively a prohibition on gun-ownership for a student, since they can’t do anything at their home, let alone on their way to class and back.
yeah, I thought something was amiss about that story too. The trouble is that there are too many of these. One or two stories might be dismissable, but then there is this:
http://hauppauge.patch.com/articles/dads-pistol-license-pulled-after-son-makes-water-gun-threat-in-school
Plus, there is the guy a few weeks ago who used a gun in self defense that was not registered to him and is being prosecuted (for a registration issue) despite the AG saying he used the gun in self defense.
Scanning the netterwebs, I find 5 stories posted by TV stations on this topic. If it’s BS then he’s BS-ing in overdrive.
Yeah, there may be something to it, but it’s weird because there are a blue million websites out there covering this story, but if you actually go to those websites, every single one of them has the exact same story, with every quote, comma, and dotted ‘t’ the same. Many of them link to a radio interview with this attorney, and it’s all the same interview, hosted in a dozen different places. This is one interview or story that went viral, and literally nothing after that.
Good point, RF. I see this all the time as an attorney – including clients who “neglect” or “forget” to tell me everything, usually because they know it will hurt their claim or case. Always blows up in their face.
The NJ story brings up a point. Stop using general social media to show off your pictures and opinions. It will only get used against you. want to take pictures of your kid, doing nothing wrong or illegal, proudly holding yours/his/her gun ? Take a picture, print it, share the print only with your friends. Once it is out on the ‘net, it is there forever and never private. You have no privacy. While we know that local/state and federal law enforcement monitor all sorts of websites (you knew that, didn’t you ?), we still spout off. This is a real “war” against our rights, and the antis will use and twist everything you say or write. Things that might only be spoken of quietly between friends gets blasted all over the ‘net.
And all these wannabe Glocks are better than a Glock exactly how?
Someone finally did a poll that gets to the heart of the issue and undercuts this 90% support nonsense. Surprisingly, it was CNN.
http://politicalticker.blogs.cnn.com/2013/04/10/cnn-poll-popular-background-checks-also-cause-worry/?hpt=hp_t1
The people who voted for Manchin must be proud of such leadership.
Manchin was a case of playing up his NRA ties to get elected as Senator, so it hurts even more. But my Senators from Georgia will go along with the other Senators, damn their constituent’s views ….one of them has already announced he won’t run again, not sure when the other’s term is up, but there are a high percentage of Senators in Washington who run conservative in their districts/states but when they have been in Washington D.C. a while become more interested in getting along with their 99 other pals rather than represent their constituents.
The more likely scenario is for the Supreme Court to strike down any new gun regulations.
.
Since ALL of the recent mass shooting events have been perpetrated by a liberals, It is plausible that one of them would attempt an assassination of one or more Supreme Court justices to force an appointment by OBayme. That new justice would be a liberal/Progressive “person” easily confirmed by the Senate. With the balance of the court reversed, OBayme would be free to enact any repressive legislation his little heart desired.
I note you only show the port side and make no mention of ambidexterity, so no left-handed folk need apply?
It’s mind blowing that these people don’t even seem to know the current laws.
I think it sounds encouraging, really. Most people don’t know that there’s a current law altogether and fewer yet understand what those laws are. It seems like the gun grabbing contingent has been frustrated with BO’s lack of ability to get anything passed on the matter (and he himself has seemed frustrated as well), so if they pass something like this that will really change nothing, they can pass it off as a win…they’re doing “something”.
asshates
Am I the only one who thinks the criminal element does not buy guns, they steal them. Or buy stolen guns?
Gave my CHL sister-in-law my Bersa .22 when at our ranch, suspect where I live, (Texas) that happens a lot.
I watched this and was amazed yet again at unarmed folks wanting to argue with police equipped with weapons, protective helmets and eventually shotguns. There is NO WAY an unarmed person (except Chuck Norris) is going to win that arguement, and MANY WAYS to get one’s self battered, beaten, shot, clubbed or killed. If I was a member of the blue team, the moment I see the police advance on me with weapons, is the moment I make haste to relocate my sorry self to a safer place, especially while in ANY FOREIGN country.
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I’m really looking forward to the 2014 primaries and general elections.
This letter will have zero effect.
Then write your own and add to the pile.
WTF, i was given anti-anxiety medication when i had PRK(LASIK) eye surgery done. PRK is like someone taking sandpaper to your eyeballs, and they burned so excrutiatingly bad for the next 3 days. So in anticipation, doctors give patients really good pain meds and anti-anxiety pills to help deal with the stress caused by the pain.
I don’t see how anxiety makes people want to go on a shooting spree? WTF? What’s next, take away guns from people on cold medicine?
Universal Health Care
Universal Background Checks
Universal Food Allowances
Universal Living Quarter Allowances
Universal Education Allowances
Universal Employment Screening
Universal Mental Health Certification
Unirversal Death With Dignity
Again, Senator Toomey sells out his constituency as his payment for his entry to the establishment good ole boys group in the Senate. Shame on him. I won’t vote for him again!
house is for sale moving to WV
By 2016 The Hipster, with the accent on hips, will be a Demondrat. All he needs is a f’n horn and the rhino-i-zation would be complete. I can see Barry telling him “Chris,…. I am you fah-zar” The C’s will be better off without Fatso, Toomey, Graham, and Mc Lame for a start. This is the worst pantomime parody of democracy in action I have ever witnessed. And I’m an old SOB.
Is “gun guru” the term you really want to use?
Apparently, Bloomberg’s PAC is responsible for this, he’s targeting vulnerable Senators and threatening campaigning against them. I wish that man would magically become poor overnight.
Cool.
Does anyone remember when he wanted to Duel people?
I’ll buy Remington ammunition made in Arkansas. I may buy used Remington firearms. I will NOT spend my money on new Remington firearms. Magpul is leaving Colorado, Remington could leave New York if it had a corporate conscience, which it does not.
The best thing he can do for the 2A is quietly go away and stop making videos.
Will universal bacground checks apply to the meth addict who wants to trade a stolen gun for bag of crank?
The libtards already said that what was passed during this session “was just the beginning” in the gun-grabbing saga and that they would try to get more later.
That tells you everything you need to know.
We need to pass laws going the OTHER way, starting with Constitutional carry.
Any further gun grabbing laws are not needed and a slippery slope.
Ignore. Better judged by twelve than carried by six.
The govt has all our information on everything, forever, unless you are a cartel goon who just jumped the border.
Americas gun is any gun the govt wants to ban. And thats all of them.
OMG! I’ll have to go through an FFL for all my gun purchases! OMG! OMG! OMG!
When I see stuff like this, can’t help but think about the incidents at Brown’s Chicken and Lane Bryant. Those of us that live in No. Illinois know those cases quite well and are exhibit A for CCW.
Boo-freakin’-hoo!! Like we don’t get hours upon hours of anti-gun crap from the MSM every week. Koom-buy-freakin’-yah, ya whiny little lib-tard pissants.
Hey Murph – here’s a solution. Take a Midol you freakin’ cramp, and go watch your “Dancing with the Stars” marathon from your DVR, or whack off to your highlights on C-SPAN (shouldn’t be but a minute either way) while the rest of us watch NASCAR.
Do not stand at my grave and weep,
I am not there… I do not sleep.
I am the thousand winds that blow…
I am the diamond glints on snow…
I am the sunlight on ripened grain…
I am the gentle autumn rain.
When you waken in the morning’s hush,
I am the swift uplifting rush
Of gentle birds in circling flight…
I am the soft star that shines at night.
Do not stand at my grave and cry—
I am not there… I did not die…