Molon Labe Coming to a Head in New York State

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It seems cops had the right “David Lewis” after all.

You remember poor Mr. Lewis: the gentleman living in New York State who owns guns and who once downed some anti-anxiety medication. Cops pounced on him under New York’s heinously unconstitutional “SAFE Act” and stripped his weapons from him — then claimed they had the wrong man when citizens howled.

But numerous sources insist there was no mistake, that Mr. Lewis is instead the tip of the iceberg as the New York State Police comb through supposedly confidential medical records for victims whose treatment at any point in their lives will now afford cops an excuse to steal their guns:

What happened, [WBEN Buffalo radio host Tom Bauerle] explains, is that the state has a special HIPAA (Health Insurance Portability and Accountability Act) unit to search private medical records without warrants, and that Lewis was simply the first person to be caught up in that net.

It’s a scheme “to deprive New York citizens of basic protections,” Bauerle charges, where the state wants “carte blanche to look at every person’s medical records and cross-reference them with pistol permit holders” for purposes of confiscation and permit revocation. According to Baurele, his sources tell him this is being coordinated with officials in the Department of Homeland Security, and there was a meeting in Albany with the New York State Police and the Division of Criminal Justice Services “at the impetus of DHS.”

Bauerle alleges there is “a clandestine squad” violating the Fourth Amendment and circumventing HIPAA privacy protections in order to revoke pistol permits from those who have been prescribed anti-depressants or who have undergone mental health treatment…

Max Tresmond, the son of Lewis’ attorney Jim Tresmond, … [says] their law firm is having information leaked to them from inside the state “that confirms everything that [Bauerle] just conveyed to the public.”


Before you say, “Ah, but that’s illegal! You can’t search private medical records!”, recall that bureaucracies write their own laws and never constrain themselves from searching everywhere for anything. They operate over and above the Constitution because the Progressives meant them to do so. Meanwhile, the State pretends that agencies like the mental-health apparatus are helpful and benevolent, not policing and punitive. You don’t need rights when dealing with them, you silly, paranoid serf — nor do you have any. So…

New York’s tyrants and ruling thugs are every bit as determined to disarm us as their national accomplices in Obummer’s administration. The questions are not “Will they?” and “Is it legal?” but “Will we let them?”

“When a long train of abuses and usurpations pursuing invariably the same object evinces a design to reduce them under absolute tyranny, it is their right, it is their duty to throw off such government…”

12:14 pm on April 15, 2013