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View Diary: The Witch Hunt Is ON! Updated-2X** (79 comments)

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  •  So the police didn't go to a judge first? (5+ / 0-)

    Warrants are issued all the time that don't end up with any arrest or charge being filed. People are detained BEFORE they are charged, that's the way the system work.

    But in any case, it appears that here the police did have judicial approval of their action. From the story THAT YOU LINKED it sounds like the police DID NOT act alone, without consultation with a judge.

    As the US Supreme Court has ruled, the "right to keep and bear arms" is NOT absolute, it is subject to all manner of restrictions, enforcing those restrictions is a proper and necessary function of government. Will there be screw ups? Most certainly, and really too bad that it happened to a guy who could afford a lawyer (or a nickel to all the NRA) so he could straighten out this problem.

    •  Exactly, the State Police called the Erie County (7+ / 0-)

      Clerks Office and told them to rescind his gun permit and seize his weapons.

      The "judge" in the case was, Boller, was the one the victim's attorney went to and got an court order stopping their actions.

      He wasn't charged with anything.  

      He wasn't convicted of anything.

      He had his rights arbitrarily abrogated without due process.

      -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

      by gerrilea on Mon Apr 15, 2013 at 11:41:10 AM PDT

      [ Parent ]

      •  Your facts appear to be incorrect (7+ / 0-)

        From a more detailed story at the Buffalo News

        David A. Lewis, a college librarian from Amherst, got his pistol permit reinstated Thursday and is getting his seven guns back soon, but not before touching off a new round of debate over Gov. Andrew M. Cuomo’s NY SAFE Act.

        Somewhere between the State Police in Albany and the Erie County Clerk’s Office in Buffalo, the wrong David Lewis lost his gun permit and his handguns.

        The State Police blames the clerk’s office for not properly investigating the tip it forwarded. But Erie County Clerk Christopher L. Jacobs said the police sent him an actual copy of the permit for the Amherst man whose guns and permit were seized, allegedly because he had a mental illness and could be a danger to himself or others.

        The man the police actually were concerned about was from another Western New York county, according to Jacobs.

        But the State Police forwarded the permit of David Lewis in Amherst to his office as someone who may fall under the new gun law’s mental health provisions, Jacobs said.

        Going on what the State Police provided, Jacobs said he forwarded it to State Supreme Court Justice M. William Boller. The judge in turn suspended the 35-year-old Amherst resident’s pistol permit, the first time for such action in Erie County under the new state gun law.

        It wasn’t until Wednesday, several days after Lewis had turned in his guns, that the State Police notified Jacobs that a mistake had been made, Jacobs said.

        So lots of finger pointing but the facts appear to be:

        1. State Police forwarded information to County Clerk to "look into" an individual.

        2. County Clerk forwards information to Judge

        3. Judge reviews information, decides to suspend permit

        4. Someone confiscates guns (not clear if the former permit-holder surrendered them or if actually confiscated).

        5. Lawyer gets involved to try and clarify that the former permit-holder was improperly identified.

        6. Judge reviews facts and reissues permit.

        7. Gun Nuts(tm) go crazy...

        I don't see any Jackbooted Police Thugs(tm) crashing into a house and taking away "Law-abiding gun owner(tm)'s" guns. I see a bureaucratic screw-up that bureaucracies are known for, and by this account, recitified in world record speed because we are talking about some guys precious, magical self-defense 2nd amendment loving guns.

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