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ABUSE OF POWER IN NEW YORK STATE

4205raymond4205raymond Member Posts: 3,249 ✭✭✭✭
By now most have heard about David Lewis's guns being confiscated by police in Ameherst in Erie County New York.He had taken a drug for a short period of time for an anxiety issue.To make a long story short the State Police eventually admitted they got the wrong man.Big mistake and I believe they realize this now because they have clamed up.We don't know who the right man is.This is a very fluid and evolving story and unfortunately the latest Press Release issued by Superintendant of State Police blames the Erie County Clerk for not exercising "due dilligence". Bull.Erie County Clerk Christopher Jacobs has no investigative powers and relies on State Police for related facts,9.46 report, copy of David Lewis's pistol permit,etc. Under the circumstances,what exactly was the county clerk supposed to do! In Monroe County the clerk was contacted by State Police about an individual Identified in a 9.46 report who should have their permit revolked but shared same name as several other permit holders.The clerk called State Police to find out if name in accompanying document was,in fact,the subject of a 9.46 report, since she had no way to determine this.State police suggested that she "just call the individual and ask if they were indeed the subject of a 9.46 report". Incredible! I believe our Tyrant of a Governor (for treading on the rule of law)is getting his brains beat out over the NY Safe Act of 2013.Need I remind you the sheriffs are elected by the people and the Supt. of State Police is appointed.I live in Orange County and the troopers are dedicated,highly trained professionals.It is so wrong to drag them into the fray with this piece of garbage that Andrew Cuomo and the legislature created.I was in Albany at the ralley on Feburary 28th with 10-11 thousand(by most estimates)hard working,honest law abiding citizens.Some getting up at 3am in the cold rain in Western NY to come to Albany.I talked to these people and looked into their eyes.They are steeled and they can't take any more.A mountain loin is a shy quiet animal but don't back him up in a corner,he will tear your face off.Consider this,David Lewis had the forsight to call his attorney and surrendered his firearms to the Amherst Police.He did not ignore the letter he received and he lived for another day and will get his guns back.And yes,maybe a law enforcement officer's life was saved.The next time there will be blood all over the front porch and could very well be the spark that starts the fire that no one can put out.I sincerely hope that David Lewis's lawyer gets him at least 10 million out of this.His 2nd Ammendment Rights and Due Process have been violated.His privacy was invaded under HIPAA.Perhaps it will teach King Cuomo a lesson and he can get the court cost back by increasing my taxes which I will gladly pay.My state senator voted against this law and he informed me yesterday that repeal by the legislature was not the best option and that the courts were.We will try to persuade and fight in the courts.We will fight until"Hell Freezes Over" and then we will fight on the ice.After that "MOLON LABE"

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    COBmmcmssCOBmmcmss Member Posts: 1,174 ✭✭✭✭✭
    edited November -1
    Wow, way to introduce yourself. Welcome to the forums.

    COB
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    nyforesternyforester Member Posts: 2,575 ✭✭✭
    edited November -1
    Yes - Welcome to the fight of our lives !

    The fight to restore freedom in the United States any way we can !
    Abort Cuomo
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    AC OrangeAC Orange Member Posts: 13 ✭✭
    edited November -1
    quote:Originally posted by 4205raymond
    By now most have heard about David Lewis's guns being confiscated by police in Ameherst in Erie County New York......

    .

    This NYS gun law debacle is like a snowball rolling down a hill (getting bigger and going faster by the day). This was released on Friday (4/20) by Tresmond Law (esp. note the last sentence):

    For Immediate Release


    (Buffalo, New York) For the record, it is our position that the New York State Police targeted our client, Mr. Lewis, from the outset of their request that his pistol license be suspended. New York State Police officials provided Erie County Clerk Chris Jacobs with our client's name, address, pistol license number, number of handguns owned by Mr. Lewis, and other identifying information that made it clear they were looking for our client. Our client was contacted by the New York State Police. This is not a simple case of mistaken identity. Mr. Lewis's medical privacy was invaded and he was publicly defamed and humiliated by New York State officials. We will file suit shortly.


    As many are well aware, our client Mr. Lewis had his pistol license suspended by a New York State Supreme Court Justice at the request of a New York State Police Sergeant. The NYSP official requested the suspension pursuant to the mental health provision of the NY SAFE Act of 2013. Upon our investigation, we determined that Mr. Lewis's medical records had been examined without a valid search warrant, in clear violation of federal and state privacy laws in addition to the New York State Criminal Procedure Law. On Thursday, April 11th, 2013, New York State Supreme Court Justice M. William Boller reinstated Mr. Lewis's firearms license. New York State police officials claim they "had the wrong guy". The evidence tells another story. Mr. Lewis was directly targeted by Sgt. Jackson of the New York State Police and further investigation reveals systemic fourth amendment violations within the New York State government.


    Confidential informants from within the New York State government have since come forth with information regarding the creation a clandestine "HIPAA" unit comprised of approximately seven members within the Division for Criminal Justice Services , charged with examining New York residents' medical records without warrant


    We will be relentless in our pursuit of the truth and justice in this case.
    James D. Tresmond, Esq.
    Attorney for David Lewis


    Also, there are almost daily updates, here is today's update from one of the legal team members :

    There have been new developments. Unfortunately I can say very little. I spoke with James (Tresmond) today, but our conversation was interrupted by a media interview and we did not get to discuss everything. I can tell you that there have been new discoveries about state conduct. I will be speaking to James again this evening, and will update you on whatever else I can. I am sorry I cannot share more now. I know how anxious you all are. I can say that the new developments are very significant, and the case against the state is growing fast. I can also say that, being privy to much more information myself and having been a litigator for 20 years, I am highly confident about all three Tresmond cases. I hope that provides some reassurance. (NOTE : the 3 case he references are all cases Tresmond Law Firm has against the state's new gun law)

    .
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    spasmcreekspasmcreek Member Posts: 37,724 ✭✭✭
    edited November -1
    i imagine the state will attest they were merely following the many examples of the federal govt in trampling citizens rights...now i think he should get a bundle of cash but that really just comes out of wronged citizens own pockets...what needs to happen is those responsible must be publicly outed, terminated, fired, recalled...strong actions that absolutely must fall on the right heads, not some 4th level sucker, to show there is still some honorable govt
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    4205raymond4205raymond Member Posts: 3,249 ✭✭✭✭
    edited November -1
    AC Orange, I knew it would be bad, but now I am stunned.Thank you for sharing this with us!
    spasamcreek, You are 100% right on!
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    AC OrangeAC Orange Member Posts: 13 ✭✭
    edited November -1
    quote:Originally posted by 4205raymond
    AC Orange, I knew it would be bad, but now I am stunned.Thank you for sharing this with us!
    spasamcreek, You are 100% right on!


    It's as bad as bad can be. There are more things coming out daily. A clearer picture of Cuomo's illegal "HIPAA Squad", now looking like ties to the White House and DHS. A lot of outrage among the rank and file NYS Troopers over this SAFE Act crap. Quote from Tom Bauerle : "Courageous troopers have now come out of the woodwork in droves to the point that last evening I had to disconnect from electronics and finally sleep. Here is a link to Tom Bauerle's Facebook page (BTW, he's a well known long time radio talk show host in the WNY area. He's got so much there I can't even begin to tell it. :

    http://www.facebook.com/Tom.Bauerle?ref=ts&fref=ts

    As I get more info with regard to the Tresmond Law Firm's investigation and law suits, I'll post them here.

    All I can say is it is a very lucky thing that the Lewis debacle occurred when it did and that Lewis had the good sense to immediately contact the law firm. I firmly believe all NY firearms enthusiasts owe him (and the Tresmonds) a thank you for handling this thing the way they are. This was a very near catastrophe that is still coming to light......

    .
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    4205raymond4205raymond Member Posts: 3,249 ✭✭✭✭
    edited November -1
    Have been concerned since this first broke that there might be a connection here with the White House and DHS. Sorry to show my ignorance here but does anyone know if HIPAA protections can be bypassed with the Patriot Act?
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    AC OrangeAC Orange Member Posts: 13 ✭✭
    edited November -1
    .
    From Tom Bauerle's Facebook page today :

    ***PLEASE SHARE...BREAKING NEWS*****

    Albany, NY Police Officers Union issues letter condemning Cuomo's "NY SAFE" saying it "violates fundamental constitutional rights" and is "morally wrong."

    also :

    You are watching the self-induced implosion of Governor Drama Queen Andrew Cuomo.

    State Police source says the trooper who had been serving as Public Information Officer for our area out of Batavia (A Troop) has been replaced by a civilian FROM CUOMO'S OFFICE.

    More here :

    https://www.facebook.com/Tom.Bauerle

    .
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    4205raymond4205raymond Member Posts: 3,249 ✭✭✭✭
    edited November -1
    The telephone number at the top of letter from President Thomas Mahar, Council 82 Albany Police Officers Union is not in service.I tracked the correct number down and it is 518-489-8424. I called President Thomas Mahar today and thanked him for his courage in speaking out against the NY Safe Act of 2013 should you desire to do same.
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    AC OrangeAC Orange Member Posts: 13 ✭✭
    edited November -1
    .

    Recent posting from Tom Bauerle's Facebook Page :

    "Since State Trooper PBA union LEADERSHIP is ignoring the wishes of the overwhelming majority of rank and file troopers, there is rebellion within the PBA.

    The union leaders REFUSE to allow a vote of the very troopers who put their lives on the line and pay their union dues, over NY SAFE.

    Unless I am mistaken, there is an "opt-out" form from the PBA that troopers can use to prevent their dues being used for political purposes.

    I'll try to obtain a copy and post on-line, so trooper rank and file can starve the beast."

    .
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    llama girlllama girl Member Posts: 605 ✭✭✭✭
    edited November -1
    Just 1 more reason to move from the Peoples Republic of NY. Typical dummycrats the party of high taxes, dead babies, and gun control.
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