|
Forum Rules | Firearms Safety | Firearms Photos | Links | Library | Lost Password | Email Changes |
Register | FAQ | Calendar | Search | Today's Posts | Mark Forums Read |
|
Thread Tools | Search this Thread |
January 5, 2015, 08:06 PM | #1 | |||
Member
Join Date: June 3, 2013
Location: Indianapolis, IN
Posts: 98
|
Veteran and Former Cop Sues New York over gun confiscation...
Saw this on my Facebook feed this evening, sounds like an interesting case to keep an eye on...
http://dailycaller.com/2015/01/02/ve...-for-insomnia/ A veteran of the U.S. Navy and decorated retired police detective is suing New York Gov. Andrew Cuomo and other state officials for infringing on his constitutional rights after his pistol permit and four handguns were confiscated after he voluntarily sought hospital treatment for insomnia. Some thoughts... Quote:
Quote:
Quote:
|
|||
January 6, 2015, 05:33 PM | #2 |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,434
|
As a retired police officer, can't he just requalify and carry (even in New York) under the LEOSA? After all, the LEOSA begins by saying "any other laws notwithstanding" (or something like that), which means the NY law can't stop him. And since you can't carry a gun unless you have a gun, I would hope that a judge (a federal judge, not a NY state judge) would rule that the state must give him back at least one handgun.
|
January 6, 2015, 10:29 PM | #3 | |
Staff
Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 13,057
|
Quote:
__________________
Sometimes it’s nice not to destroy the world for a change. --Randall Munroe |
|
January 7, 2015, 09:40 AM | #4 | |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,434
|
Quote:
The LEOSA says something like "... any other laws notwithstanding," which means it (the LEOSA) overrides any state laws that are in conflict with it. It's not too much of a stretch to see how that could apply to NY state's permit to possess law as well as carry laws. |
|
January 7, 2015, 11:20 AM | #5 |
Senior Member
Join Date: July 7, 2008
Location: Upper midwest
Posts: 5,631
|
The larger issue here is that no one, police officer or not, should lose their gun rights because they seek treatment for insomnia. This should never have been reported to the state police, but once it was, they should not have acted on it.
__________________
Never let anything mechanical know you're in a hurry. |
January 7, 2015, 07:18 PM | #6 | |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,434
|
Quote:
|
|
January 9, 2015, 08:02 PM | #7 |
Staff
Join Date: March 11, 2006
Location: Upper US
Posts: 28,677
|
Seems like an "abundance of caution" and "zeal for the public good" are the kind of phrases one hears shortly before people get sent to "camps".
Historically speaking, of course...
__________________
All else being equal (and it almost never is) bigger bullets tend to work better. |
January 10, 2015, 09:14 AM | #8 |
Senior Member
Join Date: December 21, 2005
Location: Sarasota (sort of) Florida
Posts: 1,296
|
I'd be suing the hospital for breech of confidentiality.
AFS
__________________
'Qui tacet consentit': To remain silent is to consent. |
January 10, 2015, 12:22 PM | #9 | |
Staff
Join Date: March 11, 2006
Location: Upper US
Posts: 28,677
|
Quote:
the problem is that while there are medical confidentiality statutes, there are also "public safety" laws that require doctors, hospitals, etc., to report certain things. Which laws take precedence, and when matters a lot. The hospital could have screwed up, and violated his rights. OR they may have done so in a completely good faith attempt to follow other laws. And if so, may not be liable. Rather complicated, particularly with the recent NY laws (SAFE act, etc). Your (and my) medical privacy is NOT absolute. One (sadly) common example is a gunshot wound. Go to the Doc, Emergency room, etc, for treatment of a gunshot wound, and they ARE going to report that to the police. Count on it, its the law. Your privacy in this is irrelevant. Tell the doc you did it, accidentally, fine, matters not, they still have to report it. The police will decide what matters, after that. If it is an accident, (and I was personally involved in one years ago) police will come to the hospital, and take a statement. Then do a check of the story (check out where it happened, other witnesses, etc.) If everything checks out to their satisfaction, they write their reports and go on their merry way. IF not, they investigate further. What I see as the issue here is the actions that were taken based on "insomnia" and "mild depression". Common MINOR medical issues, resulted in a drastically over the top response. If you are one of those who feel that anyone who has a gun, or wants one (including police and former police officers) is a ticking time bomb just waiting for the right trigger to set them off on a killing rampage, then you are probably happy with this situation. If you are a rational, thinking individual, I don't see how you could be...
__________________
All else being equal (and it almost never is) bigger bullets tend to work better. |
|
Thread Tools | Search this Thread |
|
|