NY resident wrongly has gun license Revoked - HIPPA loophole

[usmarine0352_2005]

.

And so it starts.



1st the registration, then making you a criminal, and then confiscation.





http://www.foxnews.com/politics/201...sident-has-gun-license-wrongly/#ixzz2QCXzRbWA

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New York resident has gun license wrongly revoked, concerns raised about law

Published April 11, 2013


A New York resident got into a high-profile fight with the state government this week after officials ordered him to turn over his gun license and his firearms -- a dispute that exposed potential problems with the recently passed gun law.

Buffalo-area resident David Lewis has since gotten his license reinstated in what was apparently a case of mistaken identity under the state's new SAFE Act. The case drew outrage on gun-rights blogs warning that the state was exploiting the law to seize weapons.

Lewis' lawyer, indicating this may be an indication of a broader issue, also claims to be representing a second client in a similar circumstance.

Lewis initially received a notice on April 1 from the Erie County clerk saying that his license was being immediately suspended. He was ordered to surrender it along with his seven registered handguns.

"Based on the information received from the New York State Police, your pistol license [redacted] has been suspended by direction of the Licensing Officer for Erie County," reads the letter sent to Lewis and obtained by Fox News. "Failure to comply with this court directive upon receipt of this letter will be sufficient grounds for the revocation of your pistol license."

Lewis, who does not have a criminal record, caught the eye of state officials because it was believed that because of a prescription for psychotropic drugs that he was a danger to others, his attorney claims.

A provision in the recently passed NY SAFE Act calls for individuals with serious mental illness who may be dangerous to potentially have access to firearms restricted.

Tresmond said in media reports that Lewis did have a temporary, short-term issue and required medication, but nothing recent. He suggested in a radio interview that his client's private medical history was accessed by the government, violating his rights by using a loophole under HIPAA laws. .

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[HorseSoldier]

He suggested in a radio interview that his client's private medical history was accessed by the government, violating his rights by using a loophole under HIPAA laws. .

It's not really a loophole, it's more a well demarcated tunnel. HIPAA has built in exceptions for law enforcement and mandatory reporting on those who are felt to pose a danger to themselves or others.

 

[JohnBT]

"apparently a case of mistaken identity"

Stuff happens. I guess computers aren't all that smart.

JT

 

[Ryanxia]

"apparently a case of mistaken identity"

Stuff happens. I guess computers aren't all that smart.

JT

Just wait till that 'stuff' happens to you.

That's why more automation, more databases, etc. can really screw us down the road (well they are now but even worse I mean )

 

[rondog]

Like I say, all it takes is a checkmark in a box on a form.