Democratic controlled New York State has begun confiscating guns from its citizens without due process. David Lewis, a 35-year-old New York college librarian who owns seven pistols and is a regular target shooter, was recently ordered by state police to turn over his guns or face arrest. It appears the order came from state officials who had “reviewed the wrong medical records” and revoked his permit by “mistake.”
Under Section 9.46 of the NY SAFE Act of 2013, state gun control bureaucrats have the “right” to access private medical information deemed “necessary” to assess the “mental stability” of the permit holder. While the Health Insurance Portability and Accountability Act (HIPAA) of 1996 is supposed to prevent this kind of privacy violation from happening, the NY SAFE Act specifically overrides federal law by allowing for searches deemed necessary in the “public interest.”
The law also empowers therapists, doctors, nurses and social workers to spy on patients in order to determine if they may engage in “conduct” that may result in harm to self or others. What is an is not “dangerous conduct” is not defined or delineated within the law, but instead remains for the subjective interpretation of the accuser. It is also noteworthy that within the law’s 33,594 words, there is no mention of any gun holder rights or due process clauses for those be accused. If a determination is made that the person in question poses a threat, the law permits the state bureaucrats to again confiscate firearms without any legal due process.
While the provision is a direct violation of the Second Amendment, Fourth Amendment, and the legal standard of probable cause, democrats close to New York Governor Andrew Cuomo say he has “no intentions on taking away the power of the state to confiscate guns.” Through the Bill of Rights, people are presumed innocent and legally have access to due process. Democrats now appear to be both judge, jury, and executioner when it comes to gun control in New York State.
Now that the Democrats have the law on their side, a majority of people believe their gun confiscation scheme can only be stopped by the U.S. Supreme Court. For others, they believe that this is the exact kind of tyranny our founding fathers wanted to ensure protection against. George Washington was once a loyal British patriot, but decided to take up arms in support of a freer nation. Now that New York has clearly become a tyrannical government, it begs the question, “Where is George?”