
MaximillianTresmond wrote:Breaking News
I'm sorry that I haven't been around today. We have been inundated with media contacts and telephone calls.
Apparently, we have a New York State Police sergeant rooting around in permit holders' private information.
Client X, whose name will be released soon, indeed had his pistol license suspended at the whim of a New York State Police Officer without a hearing before a judge, a clear violation of the client's procedural due process rights.
Every New York State permit holder should be on red alert for potential privacy violations. The New York State Police are all too happy to confiscate your guns.
Holy cow, have we stirred up a firestorm! You see, this was supposed to be one of those internet rumors...
NEW YORK STATE POLICE
Joseph A. D'Amico
Superintendent
PRESS RELEASE
The SAFE Act requires mental health professionals to file notification when a medical professional determines that an individual he or she is treating is at risk to themselves or others. Medical prescription records are strictly private and not shared with the state, and no firearm license would ever be revoked for an anti-anxiety prescription.
The notification forwarded to the Erie County Clerk's Office required additional follow-up before a positive identification of a person at risk to themselves or others became final. The State Police was very clear in its letter to the Clerk's Office regarding the need for due diligence and the need for a positive identification by the County before they removed any weapon.
The final determination on whether to revoke or suspend a pistol permit license rests solely with the County and the licensing officials. The State Police has no authority to suspend or revoke a pistol permit in these circumstances.
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