23536
Bluelight Crew
- Joined
- Dec 16, 2010
- Messages
- 7,725
http://www.13wham.com/news/local/st...it-Suspended-Over/hNImuo04KUu6LD2O1KaoCQ.cspx
Amherst, N.Y. --- A Buffalo area man surrendered seven firearms, empty magazines, and his pistol permit to Amherst Police last week according to his lawyer. The move was in response to a letter this man received from the Erie County Clerk’s Office that stated his permit was being suspended. His lawyer claims that was because of a new Mental Hygiene provision in the NYS SAFE Act.
Attorney James Tresmond of Hamburg, N.Y. tells 13WHAM News that his client at one point in his life needed anti-anxiety medication in order to get over a fear of going to the doctor for shots or other procedures. Tresmond said his client only took that medication as needed and that he, “doesn’t need it anymore.”
The letter (attached) was drafted on April 1, 2013 and received a day or so later according to Tresmond. He accompanied his client to the Amherst Police Station on Friday April 5th and helped him voluntarily surrender seven firearms.
“They also took magazines,” Tresmond added of the empty ammunition cartridges he had with him at the time.
A New York State Police Spokeswoman would not elaborate on details of this case but did say that, "No one, including State Police, is taking guns from anyone because they are on anti-anxiety medications."
Tresmond said he is attempting to schedule a hearing in Erie County Court to address the suspension and surrender of his client’s firearms. He is also planning to pursue civil action in U.S. Federal Court on behalf of his client. Tresmond believes he sees a number of potential issues dealing with the 2nd, 4th, 5th, and 14th Amendments of the U.S. Constitution. Moreover he believes his client’s health information privacy rights might have been compromised.
“If we lose this thing we have lost everything we hold dear,” Tresmond said of the legal fight he intends to raise over this issue.
The NY SAFE Act signed into law on January 15th by Governor Andrew Cuomo contains provisions to the Mental Hygiene Law that “will help ensure that persons who are mentally ill and dangerous cannot retain or obtain a firearm.” The legislation further states that when a referral on these grounds is made and the Division of Criminal Justice Services confirms the person possesses a firearms license the agency, “will notify the appropriate local licensing official, who must suspend the license. The person’s firearms will then be removed.”
cont. http://www.13wham.com/news/local/st...it-Suspended-Over/hNImuo04KUu6LD2O1KaoCQ.cspx
Amherst, N.Y. --- A Buffalo area man surrendered seven firearms, empty magazines, and his pistol permit to Amherst Police last week according to his lawyer. The move was in response to a letter this man received from the Erie County Clerk’s Office that stated his permit was being suspended. His lawyer claims that was because of a new Mental Hygiene provision in the NYS SAFE Act.
Attorney James Tresmond of Hamburg, N.Y. tells 13WHAM News that his client at one point in his life needed anti-anxiety medication in order to get over a fear of going to the doctor for shots or other procedures. Tresmond said his client only took that medication as needed and that he, “doesn’t need it anymore.”
The letter (attached) was drafted on April 1, 2013 and received a day or so later according to Tresmond. He accompanied his client to the Amherst Police Station on Friday April 5th and helped him voluntarily surrender seven firearms.
“They also took magazines,” Tresmond added of the empty ammunition cartridges he had with him at the time.
A New York State Police Spokeswoman would not elaborate on details of this case but did say that, "No one, including State Police, is taking guns from anyone because they are on anti-anxiety medications."
Tresmond said he is attempting to schedule a hearing in Erie County Court to address the suspension and surrender of his client’s firearms. He is also planning to pursue civil action in U.S. Federal Court on behalf of his client. Tresmond believes he sees a number of potential issues dealing with the 2nd, 4th, 5th, and 14th Amendments of the U.S. Constitution. Moreover he believes his client’s health information privacy rights might have been compromised.
“If we lose this thing we have lost everything we hold dear,” Tresmond said of the legal fight he intends to raise over this issue.
The NY SAFE Act signed into law on January 15th by Governor Andrew Cuomo contains provisions to the Mental Hygiene Law that “will help ensure that persons who are mentally ill and dangerous cannot retain or obtain a firearm.” The legislation further states that when a referral on these grounds is made and the Division of Criminal Justice Services confirms the person possesses a firearms license the agency, “will notify the appropriate local licensing official, who must suspend the license. The person’s firearms will then be removed.”
cont. http://www.13wham.com/news/local/st...it-Suspended-Over/hNImuo04KUu6LD2O1KaoCQ.cspx
