Hey, New York: If you’ve taken a psychotropic drug governement can take your guns

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The left is happy to push the ‘mental illness’ mantra when it comes to gun control. Why? Partially because yeah, we don’t want insane people with guns. Good safety tip. However, who gets to define what is insane? Do you take any of these medications? Guess what – no gun for you!

TheBlaze writes:

On April 1st, a legal gun owner in upstate New York reportedly received an official notice from the state ordering him to surrender any and all weapons to his local police department. The note said that the person’s permit to own a gun in New York was being suspended as well. The gun owner contacted attorney Jim Tresmond (a specialist in gun laws in New York) and the two visited the local police precinct.

Mr. Tresmond reportedly went into the precinct and informed the officers that his client, waiting in the parking lot, was coming in to voluntarily surrender his weapons as requested. The local police were aware of the letter because they had already been contacted by the State Police. Apparently, if people do not respond to the initial mailing, local law enforcement is authorized to visit the gun owner at their home and demand the surrender of the firearms. In this case, the gun owner followed the request as written. The guns and permits were handed over and a receipt given to the client.

After the guns were turned over, a request for a local hearing was filed and the gun owner is expecting to have his Second Amendment rights restored. But there is more to this story.

In our conversation with lawyer Jim Tresmond, we learned that this client, who has never had a problem with the law — no criminal record and or violent incidents on record — did have a temporary, short term health issue that required medication. But how were his client’s private medical information accessed by the government? This appears to be a violation of HIPAA and Health Information Privacy policies at HHS.gov. If it is declared a violation, this becomes a civil rights issue.

Some claim that a broad interpretation of this statement from HIPAA might allow the government to have instant access to the medical records and gun ownership records of anyone who is prescribed psychotropic drugs.

” This is exactly what we said would happen.  The day we came back from vacation, I said if you really want to do it, you go after anybody who’s on medication because we are the overmedicated society.  How many people do we know who are on Prozac and everything else?” Glenn said.

Psychotropic drugs include Ambien, Prozac, Ritalin, Valium, Xanax, and Thorazine.

“If you have taken or are taking a psychotropic drug, you will lose your gun in New York, at least if this stands.  This is from the SAFE Act, the mental health law provision of the SAFE Act, the one that they just passed in New York.  It has a short phrase:  Protect the public’s health and wellbeing.  It’s being cited as the reason government can require notification of any gun owner who is prescribed a class of drugs used to treat depression and anxiety known as SSRI,” Glenn said.

 

  • http://www.artinphoenix.com/gallery/grimm snowleopard (cat folk gallery)

    Remember – progressive steps.

    They used 9/11 to implement the Patriot Act and establish the TSA and Homeland Security. This is the foundations of their machinery for control and power, consider how much ammo DHS has purchased; the next means will be control over bus and rail systems ‘for the common good’ and ever more criminal harassment of citizens and those who oppose the liberal agenda of communism.

    Its only a matter of time until we hear ‘papers comrade…’

  • http://twitter.com/wlminex Bill Mansker

    Good read! . . . .but you mispelled “Government.  You need to hire me as a proof reader!

  • Anonymous

    I was once prescribed Valium as a post-surgery medication to help me rest. Hm…

    Now, with left-wing “psychiatrists” prescribing psychotropic drugs to perfectly normal, energetic children to get them to sit still in the classroom, the Left’s next huge attack on firearm ownership becomes clear. And you can’t fight back – as Obama’s good buddy on MSNBC informed us, your children belong to the State, as in any good Socialist Dictatorship.

    Then there’s Obamacare, giving government bureaucrats all kinds of power to control us medically, including diagnosing you as having a mental illness if you own and like guns. No kidding, at least one family has already suffered from this because one of their children had a Facebook photo of himself holding a gun. Mentally ILL!!!  Loss of gun Rights – because he actually like to hold that gun.

    See where they’re going with this?

  • http://www.facebook.com/people/Jason-Young/100000391441118 Jason Young

    I wonder if leftists know that marijuana is classified as a psychotropic drug by the FDA.  Even if used for ‘medicinal’ purposes, it is still a psychotropic.  That’s fine, as long as you understand you can’t suck on a blunt and expect the Oblama administration to give you a pass, even if you voted for the chump.  Don’t you see how this is shaping up?  Libertarians are mostly for relaxing the drug laws, but many will pay no attention to how a drug is classified, even if it becomes legal, and that is the catch-22 that will end up nailing liberals and libertarians alike.  Did you EVER admit to anyone in the government that you ‘tried’ grass?  You now are a target for confiscation…guns, money, house, car, anything associated with that gun crime,  that is a stiff federal crime. Now you won’t go to prison for a joint in your pocket, but for the shotgun in your closet!    Be careful for what you ask for.  Even if you think and live a libertarian life, our government is a fascist progressive collectivist state, and unless we have a real revolution and some liberal/progressive/collectivist blood gets spilled, we won’t be changing that anywhere in the near future.  Gun control has less to do with controlling guns, and everything to do with CONTROLLING YOU and everybody else!  Wake up, fools!

  • http://www.facebook.com/michele.mitchell.543 Michele Mitchell

    How did they know he had guns?

  • Anonymous

    Then there are those drugs like Lyrica that are anti-depressant drugs but are being prescribed for other reasons such as arthritis pain relief.  There are more than a few of those types.  A person who is prescribed one of those drugs could unknowingly be placing themselves on a government list of those who are prohibited from owning a firearm.  It really sucks to be suspicious all the time about our own government, but their insidious machinations leave us no choice.

  • Paul Bottino

    Glenn this is more serious than just drugs, This may be the first time they have used gun registration to punish someone.  As was said below, this become back door gun confiscation, but they used the fact that he had a permit to get him. 

  • Paul Bottino

     They knew because he had a permit to buy guns in NY state.

  • greywolfrs

    Seems as though this is another way to take away people’s Second Amendment rights. Sounds like Minority Report coming true. Left wing morons are all in favor of things like this.

  • Anonymous

     Grass isn’t legal in NY, is it? And if it isn’t then there’s no record of it. Perhaps the libs chain of events is legalize it, then have it as a tool against your 2nd Amendment. The left has had 50 yrs to set their agenda. Does anyone think they came up with that BoboTaxCare  in a couple weeks, no they’ve had it ready for yrs to use

  • Anonymous

     Just as BoBoTaxCare has nothing to do with everyone having medical care

  • Anonymous

     meaning: he was a law biding citizen who registered it

  • pills9667@aol.com

    This law must also apply to all politicians, their guards, all military and police….and of course celebrities. And the Hippa law which would also have to be subverted in order to access drug information about all citizens must be made known about these poiticians, their guards, all military and police and of course celebrities. 

  • The American Patriot

    Do you know how many Americans are using or have used these drugs? Consider Valium for pain medication… OH OH, can’t own a gun! Ritalin for ADD or ADHD? (As of 2008 the estimated total number of children on Ritalin was to about 4.5 million per year. In 2005, 1.9 million U.S. prescriptions were written for Ritalin, while prescriptions for Adderall-XR and Concerta totalled 8.7 million and 8.2 million respectively for both adults and children) NOPE… you’re a possible menace to society, can’t have a gun.

    Prozac for depression (14.8 million American adults suffer from severe depression each year)… take their weapons, save them from themselves!!!! Use Ambien for Insomnia? Watch out… that guy didn’t sleep last night, take his gun NOW! Isn’t that absolutely ludicrous??? Under these issues, I’m screwed… I’ve used four of them at some point in my life. And guess what, no dead bodies strewn across the nation by me whatsoever! After
    the 14 people STABBED in Texas yesterday, I can see the ban on knives coming. Just how do spread peanut butter with a spoon?

    I recommend contacting your health care providers and write a DO NOT DISCLOSE TO ANY GOVERNMENT OR LAW ENFORCEMENT AGENCY WITHOUT MY AUTHORIZATION clause on your HIPAA form. They do not have a legal right to access your medical records, nor is your medical provider allowed to disclose that information without your consent by law!~ The American Patriot

  • http://www.facebook.com/kevin.squires.79 Kevin Squires

    kinda funny when we think on this,do u think there were fellons when they wrote the constitution,or folks with mental problems?dont u realise the men who wrote it would be called terrorist today.yet they saw no need to put a restriction on guns for if all had em even the crooks would be honest.all this is nuts and beyond belief and it is gonna spark a revolution

  • http://www.facebook.com/richard.rigg1 Richard Rigg

     “Psychotropic drugs include Ambien, Prozac, Ritalin, Valium, Xanax, and Thorazine”  There are more but the kicker is, the active ingredient is “Sodium Fluoride” Yes it’s in your toothpaste AND 80% of the nations water supply.. Some homework to read: http://www.informationliberation.com/?id=14949   

    Your FDA warning on Toothpaste! “If you accidentally swallow more than used for brushing, seek
    professional help or contact a poison control center immediately.”
    YET the same crap is in our drinking water?

    It has terrible effects on the body and destroys brain function including the pineal gland
    http://www.sott.net/article/247867-Pineal-Gland-and-Flouride-The-Biggest-Cover-Up-in-Human-History

    I was on hold earlier today waiting to talk to Glenn about this but I was on the job and didn’t want to lose it.

    Here’s the conclusion in short.  If Sodium Fluoride is the active ingredient in the drugs listed above (and most are) and Fluoride is in our tap water that we drink daily, then our tap water is a psychotropic drug and everyone’s guns can be confiscated!!!

    Do you get it yet??
    We have been set up!
    Again.

  • Anonymous

    This is no easy-answer, black-and-white situation.

    http://www.SSRIstories.com/index.php  is a sortable index of perhaps 500 news stories about deaths and lesser violence that followed SSRI prescriptions!  You can’t argue with those numbers. 

    The offenders in this database started out simply troubled, upset, or morose–due to one of life’s great or small blows. 

    But they all fell victim to the “brain-blender” effects of one or more psychotropic drugs, ending up in violence from going amok with a school-bus to killing their own children. (They used guns, but also dozens of other weapons including shop tools and household appliances.)

    So think twice before you damn this law just because someone says to.  It may save your kids’ lives.

    Remember, it’s not the guns you need to regulate. They don’t pull their own triggers. It’s the people holding the potentially deadly weapon that need to be vetted and trained.

  • Anonymous

    Is Viagra on the list? Because, that can rule out most in hollyweird and Congress; both houses.
    Micky bloomers need not re-apply.

  • Pamela Peltonen

    People are innocent until proven guilty.

  • Anonymous

    remember under Obamacare, the gov wants all records available on line. All medical professionals would be able to access ALL your medical records. Gov will also have some access to your records. No way to keep your records private.
    Your child take ridalin years ago? Can’t have a gun. Grandchild take ridalin – can’t have a gun. Take ambien when you travel – cant — you get the idea.
    Another report says guns were taken away from a family because the son threatened to shoot someone with a water pistol. No guns in the home until he is 18. Pretty soon there will be some reason you can not have guns in the home if children are present – grandchildren, friends children, niece, etc. 
    What is the penalty for carrying concealed without a permit? No registration required in Ga but the conceal permit will get you a The List.

  • Anonymous

    Glenn,  You are right to point out Right to Privacy issues here.  That will have to be addressed.  But FDA Black Box drug label warnings have, in some cases for decades, listed aggression, hostility and suicide as effects of these drugs.  With millions on them, no wonder we have shootings occurring far to often.  Richard

  • Anonymous

    So…a day after Joe Psychotropic kills four people at his office, he should definitely have his guns taken away. 

    But not the week before? 

    Note there are laws that kiddy-porn addicts away from schools–even though technically they have not YET attacked anyone. 

    By the way, I do concede that a blanket, all-cases, psychotropic = confiscation law isn’t a clever solution. But the connection between psychotropics and the violence they engender does need constant publication and coverage. 

    Most people have their head in the sand on this reliable correlation. 

  • greywolfrs

    500 out of the MILLIONS that are on them? Are you really this stupid?

  • greywolfrs

    The funny part about your list is all the kids the left wants on Ritalin with no choice, then they loose their Second Amendment rights, Imagine that.

  • Sargonarhes

    Well the fact is most, actually it might be all of the mass shooters in recent history have been on these drugs. Ritalin is NOT as safe drug, anything that makes you behave differently really isn’t good for you. Which is why I really don’t need to medicate myself with this crap. Notice they’ll blame and want to ban guns but never say anything against these drugs.

  • Anonymous

    New warnings on NyQuil, “Do not use if in possession of Concealed Pistol License.”

  • Anonymous

    hippa is being violated all over now CDL licensed truckers who have to have a medical card
    used to go to there Dr for a physical every 2 yrs and when passed given a card to carry when driving a truck. now Nhtsa is now requiring states to have a data base that all cdl drivers will be required to send there medical info to.and soon will not be able to use there regular doctor the will have to use a federally certified doctor and full records will go to the state file and in the documents sent to the states quote never mind hippa.
    preview of continuing government owning our medical records.
    I do not want a sick trucker driving, i don’t want a mentally deranged person having a gun
    this is very arbitrary and unless there is a threat not just a legal medication use a person should be required to have a hearing before seizure of weapons and if necessary have them put into a 3rd party escrow police seizure should only be for criminal offence.
    Phila has been known to cease weapons from legally  license to carry permits and have hearings and the person prevails only to find the evidence 
    cannot be found {phila inquire articles}

  • Anonymous

      “However, who gets to define what is insane?”

    In an insane society, a sane person would appear insane.

  • Pamela Peltonen

    Ei incumbit probatio qui dicit, non qui negat (the burden of proof lies with who declares, not who denies) Innocent until proven guilty. 
     
    The principle of the presumption of innocence, and the doctrine of reasonable doubt, are the law of the land. Why would you want to start assuming guilt before someone actually commits a crime?

    Life is a dangerous place and not even you can change that. I am so sorry for the loss of the children in this horrific crime, but it is simply beyond our means to correct without doing equal harm to the innocent.

    Perhaps we should look into our beloved video games and violence streaming into our kids brains from the Hollywood elite before we ban guns.

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  • Anonymous

    I probably shouldn’t admit this on here, but once through a major misunderstanding the police came to my house and took away some guns, which my brother, a police officer at the time had loaned me after my mother’s and my house had been broken into. My mother was humiliated and I had mentioned the entire neighborhood had been out watching, and although they did nothing to me after I had explained what had really happened, they said they were going to take his guns for the weekend. My brother told me that I should not expect too many trick or treaters at my house that year. And he was right, but by the next year it was OK. I ran into a neighbor at the store and asked her what the neighbors were saying and she said they were saying they thought it had been a drug bust. I laughed and told her what had really gone on. I was in my 50s and my mom in her late 70s, and to me the idea that anyone would have thought we were drug dealers was pretty funny. When I got home and told mother what the neighbor had said, she was saying she would never be able to leave the house again, and I told her if it would make her feel better, instead of just telling people the truth, it was a big mistake, I would be willing to tell everyone they were looking for a boyfriend who had killed a DEA agent. So she decided we would just stick with the truth, it was just a big mistake. And the guns were returned the next Monday. Like they say, shit happens. BTW, I’m such a hardened criminal that when I had heard a lot of traffic outside and looked out the window and saw police everywhere my first thought was to hide under the bed. I finally decided just to go on out before they did any damage to the house like kick a door in or something I would have to pay to repair. I just took a deep breath, walked out and asked what the problem was. It was unreal, the closest I’ve ever been to a police raid. Luckily I knew all I had done was mouth off to the wrong person.

  • Snorri

    Coffee, tea are psychotrophic. Anyone who has an extra marital affair has a depression issue. Anyone who routinely visits a local bar or liquor store may have mental / personality disorders. Anyone who who has oral sex with a White House intern in the Oval Office is under too much stress. Anyone who posts semi nude and nude pictures of themselves on the internet has an image and self-esteem problem. Any elected politician who deliberately lies and distorts to the citizens is a psychopath. Basically, none of the Constitutional amendments matter, logic doesn’t matter, scientific evidence doesn’t matter, liberals must have next to ultimate control of peoples’ lives in order to implement an unrealistic, anti-genetic agenda of utopia. The ultimate consequences are catastrophic for all. It’s history.

  • Anonymous

    Obama has admitted to drug use (psychotropic drug) while in college. Does that disqualify him from having his finger on the trigger of the worlds most powerful weapons?

  • Anonymous

    Time to start lying I guess.  Don’t disclose prescription drug use to anyone when purchasing a legal firearm. 

  • Anonymous

    I lost my husband less than a year ago.  Oh yeah, I need these to function like a normal person.  So now I’m the enemy.  I think they are missing the point here.  Don’t we want people to receive help from these drugs so they can contribute to society and not want to hurt themselves or other people?  I guess my only option now is the Church of Scientology. 

  • Anonymous

    Have I mentioned this lately? 

    I DO NOT TRUST MY GOVERNMENT ANYMORE!!!

  • Anonymous

    Do we want those on anti-depressants to have a gun?

    Beck’s indifference to human life is only matched by his concern for the unborn. It’s so absurd how Beck lacks common sense when it comes to life ending guns and the epidemic of violence that people with hearts are sick and tired of.

    People with brains are sick and tired of Beck, so it all works out.

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  • Anonymous

    This is just ridiculous! I take one of those for insomnia! Does that make me insane? I think not – It makes me an insomniac!

    If they are going to start “blaming” meds for people’s actions, they had better start with people thought to be mentally unstable having some kind of hearing in front of a judge with experts!

    Otherwise, this is none of their Dayum business, as usual!

  • Anonymous

     Do we want those on anti-depressants to have a gun?

    I would rather they have a gun than those who need anti-depressants but are not taking them! Dontcha think????????

    What if these stupid laws keep people who need medication from taking it because they don’t want that on their record???? Is that not more harmful to society? If these drugs are so bad, then why have doctors been passing them out like candy for the past decade?

  • BozotheTrump

    That crazy ole Governement!

  • http://www.facebook.com/iarwain.benadar.75 Iarwain Ben-Adar

    Google for  “Alternative Mental Health” and “george eby depression anxiety”.   The root cause of many mental health conditions is often nutritional.  One can always refuse Rx medications and find healthier alternatives.  Keep your gun and improve your health.

  • Anonymous

    A visit to http://www.SSRIStories.com/index.php shows you hundreds of *news stories* of overt violence–injury, homicide, suicide, fillicide–as well as SSRI-takers’ impaired mental states inadvertently leading to injury and death.

    You can sort the stories by location, date, drug, etc.

    It’s a wonderful public service. And a shocking eye-opener.

  • Anonymous

    Narrowing the list to a certain few drugs is extremely strange if they are trying to use this to justify the confiscation of weapons. In addition to the fact that the government is blatantly violating THEIR laws regarding patient record confidentiality, where is the scientific evidence that the prescribing of these medications constitutes a lifelong danger of a propensity for violence?

    I’m a physician and a scientist and no matter how I try to understand what they are doing here, there is simply no justification for it. Even Thorazine, which is a potent anti-psychotic “tranquilizer” is occasionally used when, for example a transient, traumatic situation has resulted in a person’s inability to cope with the psychogenic shock of, say for example, the murder of a loved one. Some of these other medications, for example, Valium, has many uses that have nothing to do with psychogenic problems. Valium is also used as a muscle relaxant or administered in response to swarming seizure activity.

    I’m still trying to figure out exactly how they would have gained access to these records unless this person is on Medicaid or Medicare, which would give the government an easily accessible database from which to extract such information through medical coding. But even if this were the case, the codes are not specific to the medications used for a treatment, only the charge for the treatment itself. This would lead me to believe that this man’s information must have been accessed by someone who personally knew that he was treated with whatever medication that the government claims makes him ineligible for gun ownership.

    The laws in New York are a VERY thinly veiled attempt to deprive individuals of second amendment rights, nothing more. There is simply no scientific basis for the hysteria that the government claims justifies actions that are unconstitutional on so many levels as to be a veritable red cape being waved in the face of an enraged bull, in this case, the citizenry. These laws should be challenged on the basis of both the constitutional issues of privacy and the right to keep and bear arms, but also the invalidity of the science behind the justification for using certain medications probable cause for suspension of an individual’s right against illegal search and seizure.

    I am from Washington state and we are now facing a bill that, until a short time ago, was attempting to bury a clause that stated that even semiautomatic pistols were “assault weapons” that justified the suspension of the constitutional right against illegal searches. The author of the bill included language that stated that citizens who legally owned such firearms had, through their choice to own such weapons, implicitly waived their constitutional rights. The bill authorized ANY local, county, state or federal agent to enter private homes without a warrant once per year in order to ensure the proper use and storage of said assault weapons. This was Senate Bill 5787.

    If America doesn’t wake up and draw a “red line”, we will see our rights very quietly and peaceably legislated away. This is NOT fearmongering, folks, as Obama claims. These are very real and very frightening, enacted and proposed laws. The liberal strategy is to do this on the state and local levels first, since the constitution was written for the limitation of the federal government. However, what people fail to recognize is that the states DO NOT have the right to deprive individuals of ANY inalienable rights. These rights do not vary by how the state chooses to align itself politically, no matter what they would have you believe and there is no state constitution that contains wording that is so different from the US constitution as to constitute a haven for the aims of communist/socialist/progressivist liberalism.

    They are counting on apathy, ignorance and mainstream media misdirection to accomplish the death of liberty. Individual liberty is the avowed and hated enemy of collectivists, who have been so brainwashed and deluded that they deny that history is being repeated. Instead, they have been programmed to believe that these utterly failed methods haven’t been implemented “correctly” or that they failed because it was not practiced in its purest form.

    I believe in obeying, honoring and sustaining the law. But I do not believe that a law that is a direct contradiction and challenge to what I believe was inspired law, the constitution, I refuse to idly sit by. I will NOT obey laws that state that, by exercising one of my most basic inalienable rights, I have voluntarily chosen to waive the rest of my inalienable rights.

    The fact that a government body would even WANT an individual to forego such protections tells you the evil aims of the individuals comprising that government. The only reason that they are supposed to exist is to protect those rights, not to create legislative traps designed to deprive the citizenry of the very rights that they were emplaced to protect.

    Contrary to what many deluded liberals trolling this website and throughout the nation would have us believe, inalienable rights are exactly what they state, meaning that they cannot be usurped, even if that person is the last individual in the country to lay claim to those rights. The majority may have voted with Obama in the last election. The fact that liberals and the brainwashed, handout seeking fools who voted for the purveyor of tyranny in exchange for the hope to lay claim to that which they do not own and did not earn prevailed does not, in any fashion, imply a mandate to do away with the constitution and the idea of individual freedom.

    To all who would advocate governmental revocation of my and others’ rights, I would leave a warning. Any attempt, whether subtle, clandestine or open, to criminalize the right to keep and bear arms will be met by me (and every other “criminal” who refuses to give way to tyranny) as a direct threat. This is my “red line”. I don’t care if every other citizen of the US decides that these rights should not exist. Your opinion neither matters nor changes my God-given right to life, liberty and the pursuit of happiness. You may have an opinion that the wind should stop blowing and you could even, by majority vote, legislate for such events. But it will have the same efficacy in the end.

  • bumpkin

    Next, it’ll be no guns for those who eat too much salt.  Could die of a heart attack while carrying and someone who isn’t allowed might steal their gun, right?   SO STUPID!  This is unconstitutional, and if even a few of us allow it to happen to us, there will be then, a precedent, and it will become legal for the federal government to destroy and demolish out constitutional rights!   This image I am posting isn’t mine-  it was found in my inbox this afternoon, but it totally makes the point.

  • lkaerji

    You’ve got to be kidding me.  I can see why the government would take your gun if you’re psychotic or a psychopath.  But they shouldn’t take your gun just because you’re being medicated for depression or an anxiety disorder.  

  • Anonymous

    Please stop shilling your work from home scams on what is supposed to be a serious discussion of how the libs are working to take away our Second Amendment rights.  (If you have to invest in the program before you can get started, it’s a scam.)

  • deja vu

    you think all tyrannies are socialist? you really think you can claim nazis and south american military dictatorships were socialist? then you are a revisionist and you want to identify tyranny exclusively with socialism. you know that roman emperors, russian tsars, and the like were not socialists. the left has the same problem with socialist tryrannies. free people do not want tyranny of either left or right. 

  • deja vu

    you know what? a tyrant does not need any law because a tyrant is a giant outlaw. only in the transition from democracy to dictatorship does the would be tyrant gradually modify the laws of a republic as camoflage. 

  • deja vu

    so when you say you never tried pot and never took prozac etc. a tyrant will find another pretext and ultimately will just execute tyranny with no pretext. then the only issue is whether the tyrant or the resistance wins.

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