Dan Roberts @ AmmoLand:
NY Governor Andrew Cuomo’s Machiavellian Plot to ignore and subvert the Rights of potentially millions of NY State residents developed another layer late Sunday.
After breaking the story of Amhurst NY Area Resident David Lewis having his lawfully purchase and legally owned firearms confiscated by order of the State Police after a flagrantly illegal and Un-Constitutional review of his medical records , Word came to me in my capacity as in journalist late Sunday that NY Officials have apparently doubled down on their sinister plot and blatant abuse of power.
My sources revealed that two prominent and well regarded Buffalo Area Psychiatrists received subpoenas from State Officials, possibly on Friday April 12th 2013, commanding them to turn over all of their patient files to the State. Details are sketchy at this early stage, but I have been told that both Doctors have in house counsel as well as potentially consulting with the Law Firm of Jim Tresmond, Firearms Law Specialist and the Attorney of Record for Mr Lewis.
What is clear is that those subpoenas would have to have been issued by someone in the State’s Attorney’s Office. What remains unknown at this point is whether the order or request for the subpoenas originated with the Superintendent of the NY State Police, Joseph D’Amico or from the Office of the the Commissioner of the NY State Division of Criminal Justice Services or one of his lieutenants.
If it’s accurate that the subpoenas in question were received by their targets on Friday April 12th 2013. That would be the same day that WBEN Talk Radio Show host Tom Baurele told listeners that multiple independent sources within NY State Government related to him that a secret seven member”HIPAA” committee had been created within the Div Of Criminal Justice Services after passage of the NY SAFE Act to work in conjunction with the NY State Police at the behest of the Dept of Homeland Security; for the express purpose of illegally obtaining and accessing the private medical records of potentially millions of NY State Residents. Then comparing those records with the records of known firearms owners and pistol permit holders in order to facilitate the confiscation of firearms under the extraordinarily broad language in the law regarding those that have been deemed “mentally unstable“.
No shock no surprise, Hail Hitler, sorry Hail Cuomo. Ever gotten stopped by a NY trooper- SS Gastaupo. Hail Third Reich.
Not that it matters to the Left but don’t you have to have a real reason to get a warrent/subpoenas, like suspicion of a crime.
@MOS 8541: #1
I’ve never been stopped by a NY trooper, but I have met a NJ one. Very calm and professional. They’re not all bad.
In fact, I’ve met them in CA, GA, SC and TN, among other states, and never had a problem.
A liberal talk show here has already claimed that the desire to own a gun is, in itself, proof of mental instability. Another catch-22, coming soon to a political discussion near you.
Any medical provider who surrenders these records can be sued for violation of Doctor-Patient Confidentiality/Privilege:
Either way this will lead to the Doctors having to go to court. Doctors need to call NY’s bluff and fight the legality of these subpoenas in court. I think it would also be a violation of the patients 4th amendment rights. If the NY court doesn’t give them relief, they need to appeal to a higher court. Preferably all the way to Federal and perhaps the Supreme Court if necessary.
New York has become a socialistic-fascist state.
Fear not.
HIPAA still stands as the law of the land.
And those records are inviolable.
Can we say lawsuit?
Can we say colossal damages?
This is grounds for a MAJOR suit!