Video–NEW YORK: ‘ GUNS CONFISCATED UNDER ‘ SAFE ACT GUN CONTROL LAW ‘ VIOLATES AMENDMENT RIGHTS ‘

dJanuary 5, 2014

#AceNewsServices

– Featured Post: NEW YORK: Jan.05:  Although the Cold War ended over two decades ago, a lawsuit filed December 17 in U.S. District Court in Rochester, NY alleges that such heavy-handed police-state tactics are presently being employed in Andrew Cuomo’s New York.

The suit, filed by attorney Paloma Capanna on behalf of plaintiff Donald Montgomery, alleges that the New York State Police ordered the permanent confiscation of Mr. Montgomery’s registered handguns after he sought treatment for insomnia. The confiscation was ordered under Cuomo’s “SAFE Act” gun-control law.

The allegations in the case are downright scary. The complaint contends that Montgomery, a Navy veteran and retired police officer who rose to the rank of detective sergeant during his 30-year career, voluntarily sought treatment for insomnia at a hospital on Long Island in May of 2014 after relocating to a new home several hundred miles from his previous residence.

According to the suit, the hospital diagnosed the plaintiff as “mildly depressed,” and his clinical evaluation stated, “Patient has no thoughts of hurting himself. Patient has no thoughts of hurting others. Patient is not having suicidal thoughts. Patient is not having homicidal thoughts…” and“there is no evidence of any psychotic processes, mania, or OCD symptoms. Insight, judgment, and impulse control are good.” The suit further alleges that a psychiatrist told the plaintiff, “I don’t know why you were referred here. You don’t belong here.”

 

 

Nonetheless, the suit contends that five days after being discharged from the hospital, the local sheriff’s department showed up at Montgomery’s door and seized his four registered handguns, including his former duty side-arm, after the sheriff had been subjected to “repeated pressure” by the New York State Police, who claimed that Montgomery had been declared mentally defective and had been involuntarily committed to a mental institution.

Montgomery alleges that the hospital violated his privacy by transmitting his medical information to the State Police without his consent or knowledge. Montgomery subsequently requested a hearing to have his handgun ownership permit reinstated, but the sheriff’s department allegedly terminated his permit without a hearing. The suit alleges that police denied Montgomery’s Freedom of Information requests to see what information has been placed in his secret file, and that both police and the hospital refused to allow him to correct the falsehoods in his record.

The suit names Gov. Cuomo, Eastern Long Island Hospital, and several state officials, including the superintendent of state police and the local sheriff, as defendants, and alleges that they violatedMontgomery’s Second-, Fourth-, Fifth-, and Fourteenth-Amendment rights. It seeks injunctive and declaratory relief for Montgomery and all similarly situated persons.

You Can Read Full Text of the Lawsuit Here:  

Source:

#ANS2015

One thought on “Video–NEW YORK: ‘ GUNS CONFISCATED UNDER ‘ SAFE ACT GUN CONTROL LAW ‘ VIOLATES AMENDMENT RIGHTS ‘

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s