Results 1 to 7 of 7

Thread: New York Police Confiscating Firearms from People Taking Anti-anxiety Medication

  1. #1
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,162

    New York Police Confiscating Firearms from People Taking Anti-anxiety Medication

    Tresmond is representing two clients now, but anticipates more down the road. "We were flummoxed by this whole matter," explains Tresmond. "The HIPPA act is supposed to prevent this kind of thing from happening. It's a gross invasion of our privacy rights." Who's responsible for this? "The State Police. Based on information the county received from the New York State Police, they've suspended the permits. The State Police instigates the proceedings."
    Tresmond says the State Police commissioner is named in the two lawsuits. http://www.wben.com/Attorney--Use-An...Permi/16002790
    Section 9.46 of the NY SAFE Act of 2013 authorizes therapists, doctors, nurses and social workers to report patients they determine may engage in conduct that may result in harm to self or others. If a determination is made that the person in question poses a threat, the provision permits the government to confiscate firearms. The provision is a direct violation of the Fourth Amendment and the legal standard of probable cause. http://www.infowars.com/new-york-pol...ty-medication/
    .

  2. #2
    Regular Member
    Join Date
    Sep 2009
    Location
    Slidell, Louisiana
    Posts
    2,464
    Since the state suspended the permit, the permttee should have had an administrative hearing. I'd be interested if indeed there was a hearing and if the decision had been appealed.

  3. #3
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    The state is going to be in for a big surprise .... want to mess with the pharma industry? Good luck with that --

  4. #4
    Campaign Veteran skidmark's Avatar
    Join Date
    Jan 2007
    Location
    North Chesterfield VA
    Posts
    10,682
    http://en.wikipedia.org/wiki/Tarasof..._of_California was refined (by a NY case, no less!) in http://en.wikipedia.org/wiki/Robert_Bierenbaum

    Medical care/treatment providers have a duty to warn when there is a specific threat. A generalized "he's crazy and might do something violent" is a violation of physician-patient confidentiality, thus a violation of HIPAA, thus a move significantly likely to end a career. The problem is CME courses (continuing medical education) regarding patient confidentiality are like this http://www.readinghealth.org/doc/Pag...geID=DOC022244 (see CME 11.02). Nothing, nada on why, when, how releases to law enforvcement are to be handled.

    Used to be Tasasoff and Bierenbaum were kicked around, debated, and explained to med/nursing school students. Now I doubt if the professors even know what the cases weree about, let alone what the rulings mean regarding practice.

    NYS law puts treatment providers smack in the middle of competing wrongs. If only they would consult their malpractice insurance provider before they get sued.


    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  5. #5
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Quote Originally Posted by skidmark View Post

    NYS law puts treatment providers smack in the middle of competing wrongs. If only they would consult their malpractice insurance provider before they get sued.


    stay safe.
    A large association of mental health providers (physiologists or psychiatrists) recommended that they turn in ANYONE who could remotely be considered a threat -- else be expected to lose their license to practice after civil suits/admin. actions.

    So I expect to see many more cases. It will discourage people from seeking help and actually increase risk IMO. Kudos ! Good job on that section of the law, morons.

  6. #6
    Regular Member papa bear's Avatar
    Join Date
    Jul 2010
    Location
    mayberry, nc
    Posts
    2,258
    the more i hear about NY the happier i am that i live in NC. of course that is one thing people in NY can do, move
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

  7. #7
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,162

    Oops! New York State Police Admit to Major Mistake in Gun confiscation Case, WBEN

    Last edited by Nightmare; 04-11-2013 at 03:52 PM.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •