Woman suing ny for right to attorney after gun confiscation

[99cummins]

New York woman sues for right to an attorney at gun license hearings

Sounds like a woman voluntarily spent 12 hours in a mental health facility and was released. Then had her firearms and permit confiscated by the states goons. Got her guns back but is still listed as not mentally competent to buy firearms thru nics. Looks like she is suing for the right to an attorney at hearings. Hopefully someone who understands this about better will chime in.

 

[MothMan]

If illegal aliens can be offered legal assistance by the state to help them during the deportation process then legal US/NYS citizens should be provided legal assistance when the state tries to strip their constitutional rights.

Cuomo proposes immigrant defense fund, decries post-election anger - The Buffalo News

PS Anyone going to Albany to meet/lobby your legislators on 1/9/17? I'll be there.

 

[Celt]

I cant wait until trump starts making this country great again.

 

[livingston]

McKay’s attorney, gun rights lawyer Paloma A. Capanna, who has a history of taking on similar cases, argues she was deprived her due process by authorities and only advised of the allegations against her — which could lead to the permanent loss of her Second Amendment rights — when police showed up to get her guns.

According to court documents, McKay had voluntarily visited Soldiers and Sailors Hospital in April 2015 and was allowed to leave after she spent less than 12 hours there. A week later, Yates County Sheriff’s deputies visited her home with a court order to collect her firearms and gun permit as she had been labeled by the State Police as having been involuntarily committed to a mental institution.

 

[livingston]

http://14544-presscdn-0-64.pagely.n...ent/uploads/2016/12/McKay_Complaint_FILED.pdf

Everyone on this forum should read through this. ... It can happen to any of us .

 

[MothMan]

Link opens documents are garbled.

 

[livingston]

Link opens documents are garbled.

I read it just fine..... the PDF file

 

[Catskillkid]

Scary stuff. All it takes is one wrongly checked box (involuntary instead of voluntary committed) and your whole world is turned upside down. And there is absolutely nothing you can do about it.

 

[Catskillkid]

And furthermore, how much are doctors/hospitals reporting? Reading this it makes it seem that every single visit to a physician (mental or otherwise) is reported to the state. I mean, how else do you get those (in my opinion) extraordinarily high numbers of reports?

 

[kev74]

This poor woman went to the doctor because she had an adverse reaction to cough syrup. That was enough for the state Gestapo to seize her posessions.

Because she had a cough, they stole her guns.

 

[Deplorable Me]

Good idea to have a couple of pro 2A attorneys in your contacts list on the cell phone. Scream loud and hard, do not suffer in silence.

 

[kev74]

I wasn't aware that there is a financial reward for states to over report individuals to NICS. since there isn't any oversight or auditing of NICS, if they report everyone regardless of facts, they rake in more $$$.

 

[Doc8404]

1) I shouldn't have read that before bed
2) people wonder why vets don't seek Mh care????

 

[rpf427]

Be careful what you say to doctors(with exception to our beloved Dr. Evil).
I got the flu a few years back and because my company changed health insurance plans, my doctor was not covered. An acquaintance referred me to the group her family went to that was on my plan. I made and appt, and the nurse(or whatever they are called now) came in to take my info down and temp, b.p., etc. One of the first things she asked was if I owned any firearms, and I told her it was none of her business. She just blew it off, and continued asking relevant questions about my general health. Didn't think too much about it until the doctor came in a little while later, and instead of starting out asking why I was there, his first question was "why did you answer the nurses question about guns that way?" I told him again, it was none of his business, and if I did own any, they weren't sick, I was, so no reason to say anything further.
Needless to say, my choice at that point was to get up and leave. Went to CVS and bought Tamiflu.

 

[Blimey]

I told him again, it was none of his business, and if I did own any, they weren't sick, I was, so no reason to say anything further.

lol

 

[Saltwater60]

You go girl.

 

[Rustycoins]

The worst thing I've had to go to a doctor for in the past 5 years is strep throat. And as soon as I found out I can feed my fishy some Fish Mox sparingly and with extreme discipline, I have not gone back since. Just saying the preppers package might want to include items for... "sick pets" also.

 

[MothMan]

I read it just fine..... the PDF file

Damn iphone wouldn't open the pdf. Opened on my desktop and was educated as to to NYS disregard for civil liberties. I was also appreciative of Ms. Capanna efforts and abilities. If this case is awarded to the plaintiff there will be much tooth gnashing in Albany.

Capanna for Governor!

 

[speedkills27]

Scary stuff. All it takes is one wrongly checked box (involuntary instead of voluntary committed) and your whole world is turned upside down. And there is absolutely nothing you can do about it.

thats how a bureaucracy works, large and cumbersome, especially one designed to make it hard to exercise your freedoms. They cant completely take guns away but they sure can tie them up in red tape

 

[Shadow2]

Well why should she have to pay for it? They want every gun owner in the state on that list.

 

[VietnamEraVet]

http://14544-presscdn-0-64.pagely.n...ent/uploads/2016/12/McKay_Complaint_FILED.pdf

Everyone on this forum should read through this. ... It can happen to any of us .

This is some very scary shit! We should all be concerned about what NYS is doing here. I hope Paloma wins it big time, and forces a complete stop to it.

I see some similarities to what can happen if your permit is suspended,- as happened to me last year. In my case, I had not been arrested or anything else for that matter. My permit was suspended (and I was ordered to surrender my handguns immediately) because my local PD Chief sent a letter to the PPO demanding it because he didn't like my attitude.

The PPO refused to tell me what the basis for my suspension was, and I had to hire an attorney to go to court for a reinstatement hearing. Neither I nor my attorney was able to find out before the hearing what the reason was. During the hearing before the judge, he acted as both prosecutor and judge, and even he refused to provide me with a copy of the accusatory letter written against me!

How are people supposed to be able to prepare a defense before a court hearing at which their rights may be permanently revoked if they lose? In the end, I got my permit suspension rescinded, and my guns back after 4 months, but it was a real hassle, and then some.

Even the OPPD refused to release the letter under NYS FOIA laws. I eventually got a copy of the letter and a copy of my PPO file through other means. But the laws here in NYS are pretty fucked up.

 

[Jmac00]

rule #1, when dealing with Health issues in NYS, JUST SAY NO to all questions not related to your immediate health

I almost never go to a doctor, unless blood is sputing from my body....then I might consider going