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Thursday, April 11, 2013

Toomey Sells Us Out

I won't vote for this bastard again.

Red State:

The Toomey-Manchin Proposal Will Allow Doctors to Block Your Right to Guns

I just talked to someone familiar with the Toomey-Manchin proposal who raises a serious concern based on his understanding of the legislation.

Everyone on all sides agrees that we need better help for those with mental health problems who need treatment.

Unfortunately, the person I talked with is concerned that the Toomey-Manchin proposal could discourage people from getting help.

The proposal will allow a doctor to add a patient to the National Instant Criminal Background Check System (NICS) without ever telling the patient he or she has been added.

There would be no due process requirement. Not all doctors will be able to do it with the same ease, but many will. Knowing a doctor could add him to a federal database as mentally ill without his
knowledge could potentially dissuade a patient from going to the doctor in the first place to get help.

Worse, if the doctor does so and makes a mistake, the patient would have to actively work through the system to get himself removed — guilty before being proven innocent. In some states, should a doctor flag you as having mental illness without your knowledge, you may very well see the state come collect your previously purchased guns.

Activist mental health providers will probably be overly aggressive in adding people to the list. Give it five years in liberal areas and people who believe in the physical resurrection of Christ will probably get automatic entry onto the list.

Mental health is a serious issue and the Toomey-Manchin legislation could have negative consequences. Worse, it would still not stop a Columbine, a Newtown, or the daily massacres in Chicago.

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Rush made a good point today. Why isn't there more prosecution using existing laws, especially in places like Chicago?

Why, if those gun laws are shown to actually work when enforced, there would be no need for new ones.

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Meanwhile, for those who ask what could go wrong with doctors reporting mental health problems to a gun registry, well. . .

The Blaze

Oops! New York State Police Admit to Major Mistake in Gun Confiscation Case

In a surprising turnaround, New York State Police have admitted that they made a mistake when they confiscated the guns and suspended the permit of an Erie County resident on the grounds of mental health.
 
Late Wednesday, Erie County, NY, released a statement (posted below) blaming the New York State Police for giving them bad information regarding the suspension of a pistol permit and demand to surrender firearms sent to Amherst resident David Lewis.
 
(Mr. Lewis was not identified in our original story, his name has since been released in conjunction with court documents filed by his attorney, Jim Tresmond.)
 
“Erie County Clerk Chris Jacobs said that late today he received a call from the New York State Police informing him that they had provided information on the wrong person when they notified his office of someone whose permit should be suspended because of the new mental health provisions in New York’s SAFE Act,” the release begins.
 
“When the State Police called to tell us they made a mistake and had the wrong person … it become clear that the state did not do their job here and now we all look foolish,” the release went on to say in a quote from Clerk Jacobs.
 
Jacobs appeared on WBEN radio in Buffalo on Thursday morning and explained the details of this administrative debacle. Mr. Jacobs also delivered some pointed comments about how the law was written so badly that mistakes like this were bound to happen. He closed with some fairly damning statements and also asked the state to consider scrapping the bill and re-writing it.

“When you write a piece of legislation in a vacuum, without having hearings, without talking to people about how it’s going to implemented in the real world — without jeopardizing people’s rights, and putting an individual like this through a nightmarish experience, and infringe on their rights, you have to go back to the drawing board,” he said. “And I encourage the legislative leadership here and mostly our governor to take a step back and say ‘we didn’t get it right’ and let’s change this.”
 

 
Read WBEN’s full story on Jacobs here.
 
After the press release was issued by the state, TheBlaze spoke with one of Mr. Lewis’ attorney, Max Tresmond.
 
“We won round one,” he said,  “round two will be a suit against the state for what they did to our client and his reputation.”
 
Here is the press release admitting to the error in this gun confiscation:
New York State Police Admits It Got Wrong Man in Gun Confiscation Case

4 comments:

  1. NY Safe Act FAQs

    Under HIPAA, because these informational disclosures are required by law, they can be made without the patient's consent HIPAA permits disclosures of protected health information without the authorization or consent of the individual to the extent that such disclosure is required by law and the disclosure complies with the requirements of that law.

    Got that . . .all your medical records are fair game DESPITE promises of HIPAA privacy protections.

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  2. Unless I am mistaken that is due in no small part to Obamacare. IT now requires those disclosures under (or in spite of) HIPAA, in essence telling doctors they won't violate HIPAA if they do or, more correctly, telling them if they don't violate HIPAA and do this then they are in violation of the law (Obamacare).

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  3. Yes, that's right, they are in violation of the law for NOT violating the law.

    This is not your father's America. . .

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  4. It's enough to make your head spin.

    ReplyDelete