NY Lawmaker to investigate mental-health based gun seizure under NY SAFE Act – updated 4/13/13 – 9AM

UPDATED 9AM, 4/13/13

State Assemblyman Ray Walter says when he saw the news coverage of David Lewis’ case, he knew immediately something was “seriously wrong.” Walter wants some answers, when he meets face-to-face with the State Police Superintendent in Albany next Tuesday.

…Lewis was forced to turn in his seven handguns and stripped of his pistol permit.  After State Police in Albany identified him – instead of a different David Lewis in another county – as being too mentally ill to own them…

What’s supposed to happen, according to the NY SAFE Act, is this: When a mental health professional deems someone a threat to himself or others, she reports that to her supervisor.

Definition of ‘mental health professional’ ?

Definition of ‘threat’ ?

The supervisor notifies the county health commissioner, who sends only non-clinical information – such as the person’s name, date of birth, and Social Security number – to State Police and the Division of Criminal Justice Services.

They are supposed to check that information against their records. If the person has a gun permit, police get back in touch with the county.

Walter said, “The County Clerk then has no discretion, and must either revoke or suspend the pistol permit for the individual that been notified of. There’s no gray area... via Lawmaker to investigate gun seizure | WIVB.com.

Continuing on this disturbing story, this was posted at Pakalert Press (click here for full post there) Continue reading

Supreme Court Maintains Spotty Civil-Liberties Record | Reason.com

click to go to Reason.com

The U.S. Supreme Court’s recent decisions regarding police powers were mixed, thus offering a reminder to civil libertarians that they cannot depend upon the high court to protect the public from unwarranted government intrusions.

“The U.S. Supreme Court handed police one victory and one loss on Tuesday,” reported National Public Radio. “In one decision, the justices limited the power of police to detain people who are away from their homes when police conduct a search. And in a second case, the justices ruled that drug-sniffing dogs don’t have to get every sniff right in order for a search to be valid.” Continue reading

Goodbye Fourth Amendment: Homeland Security Affirms “Suspicionless” Confiscation Of Devices Along Border | Zero Hedge

…According to Wired, “the Department of Homeland Security’s civil rights watchdog has concluded that travelers along the nation’s borders may have their electronics seized and the contents of those devices examined for any reason whatsoever — all in the name of national security...”

 

via Zero Hedge.