Tag: Confiscated

Retired Cop/Navy Veteran Sues Leftist Governor Cuomo After Guns Confiscated Over Insomnia Treatment

Veteran And Former Cop Sues After Guns Confiscated Because He Sought Treatment For Insomnia – Daily Caller

A veteran of the U.S. Navy and decorated retired police detective is suing New York Gov. Andrew Cuomo and other state officials for infringing on his constitutional rights after his pistol permit and four handguns were confiscated after he voluntarily sought hospital treatment for insomnia.

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Donald Montgomery filed the lawsuit in U.S. District Court for the Western District of New York in Rochester on Dec. 17.

He alleges that his constitutional rights were violated by New York’s SAFE Act – a law Cuomo signed in Jan. 2013 that is considered one of the toughest gun control laws in the U.S.

Montgomery’s woes began on May 6 when he sought treatment from his primary care physician for insomnia, which he said he had been experiencing following a move from another state.

Montgomery and his wife had moved from several hundred miles away in order to be closer to their adult child and grandchild. The move involved the purchase of a new home and the sale of an old one, Montgomery’s complaint states.

Several days after his initial doctor visit, Montgomery went to the emergency room at Eastern Long Island Hospital, still complaining of insomnia.

Staff there diagnosed Montgomery with “Depression; Insomnia” and he was prescribed medication and told to report back to his primary care physician if symptoms worsened over the next several days.

Montgomery went back to the hospital on May 23 with the same complaint. He stayed at the facility for 48 hours.

Though Montgomery voluntarily sought treatment, he alleges in the suit that staff at the facility erroneously listed him as an involuntary admission – a designation that appears to have put the SAFE Act’s wheels in motion.

The SAFE Act created a new section under New York’s Mental Hygiene Law which requires mental health professionals to report individuals who are deemed threats to others or to themselves to mental health directors who in turn report serious threats to the department of criminal justice services.

But none of the records or diagnoses from Montgomery’s hospital visits support that criteria, the suit claims.

“Nurse’s notes” from Montgomery’s stay show no documentation of mental health issues.

“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,” the notes read.

A psychological assessment labeled him “mildly depressed,” but otherwise determined “there is no evidence of any psychotic processes, mania, or OCD symptoms.”

“Insight, judgment, and impulse control are good,” the assessment reads.

Montgomery’s suit also states that a hospital psychiatrist told him “You don’t belong here” and “I don’t know why you were referred here.”

Montgomery’s suit states that he was not labeled a mental defective, nor did he meet the criteria for an emergency mental health admission.

But Montgomery’s records were somehow referred to the Mental Hygiene Legal Service, which is an agency which represents and litigates on behalf of individuals receiving services for mental disability.

Four days after leaving the hospital, New York State police sent a letter to the Suffolk County clerk’s office stating “has been adjudicated as a mental defective or has been involuntarily committed to a mental institution” and that he was prohibited from possessing any firearms.

The next day, Montgomery received a call from an officer at the Suffolk County Sheriff’s Department informing him that his guns would have to be confiscated.

Montgomery says that on May 30, the Suffolk County Sheriff’s Department showed up to his house and confiscated his pistol license and four handguns – Colt .38 revolver, Derringer .38, Glock 26 9mm, Smith & Wesson Bodyguard 380.

Montgomery, a 30-year police veteran who had reached the rank of detective sergeant and had won a Bravery medal, had obtained the four guns through various means over the years.

One was issued to Montgomery by his police department; Montgomery won another at police academy for being the top recruit; he bought another in 1975; he purchased the last one two years ago.

In early June, the sheriff’s department notified Montgomery that his pistol license had been suspended. By September, he was notified it had been terminated – making it officially illegal for him to own a firearm.

Montgomery’s suit alleges that his Second, Fourth, Fifth and Fourteenth Amendment protections were violated and that the hospital violated his privacy rights by sharing his medical information with state police. He demands that a judge strike down New York’s Mental Hygiene Law and that the state issue written notification to all individuals whose health information has been collected under the state law.

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Veteran’s Guns Confiscated After Forced ‘Psychiatric Evaluation’

Veteran’s Guns Confiscated After Forced ‘Psychiatric Evaluation’ – LiveLeak

A US Navy veteran had his guns confiscated by police following a forced “psychiatric evaluation” in another example of how the Veterans Administration is accelerating a purge of armed ex-servicemembers in accordance with a federal government demonization campaign that has labeled vets domestic terrorists.

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50-year-old David A Schmecker is an honorably discharged disabled US Navy veteran from Connecticut with no criminal record and no psychiatric history. On February 5, Schmecker’s hospital primary care doctor called and heard a message on Schmecker’s answer machine that “sounded peculiar,” prompting him to contact the local police and urge them to visit Schmecker to perform a “wellness check”.

“The police came to my home, and, without any justification whatsoever, hauled me away for a psychiatric evaluation at a local hospital. I submitted to their forceful insistence under duress and fear of arrest or worse. I wasn’t arrested, no crime was committed nor any threats were made to myself or others,” Schmecker told Survive and Thrive’s George Hemminger.

“They confiscated my guns and pistol permit. I was released two days later from the evaluation on my on recognizance. I have since attempted to use the courts and attorneys to fight the revocation of my pistol permit. Then on top of everything else, the bills from the short stay at the hospital and EMS bills that they billed me, along with what I had to pay the attorney adds up to a large amount of money,” he adds.

Schmecker warns that the harassment he suffered is part of “a campaign orchestrated to disarm law abiding citizens,” adding that he is “concerned about where this country is headed.”

As with all contemporary authoritarian governments, the psychiatric system is being used to circumvent courts and bypass normal legal due process.

In August 2012, we reported on how a veteran in Ohio had his guns taken because he was adjudged to be mentally incompetent, despite the fact that his previous VA psychiatric evaluations were all clear, he was not on medication, and he had no criminal record.

As we reported last year, David Sarti, one of the stars of National Geographic’s Doomsday Preppers show, visited his doctor complaining of chest pains, only to have the doctor later commit him to a psychiatric ward and alert authorities, before Sarti was declared “mentally defective” and put on an FBI list that strips him of his second amendment rights.

Veterans are increasingly being targeted by authorities as part of a broader move to demonize them as domestic extremists and even potential terrorists.

The FBI has repeatedly characterized returning veterans from Iraq and Afghanistan as a major domestic terrorist threat. In addition, Homeland Security chief Janet Napolitano said she stood by an April 2009 DHS intelligence assessment that listed returning vets as likely domestic terrorists.

Just a month later, the New York Times reported on how Boy Scout Explorers were being trained by the DHS to kill “disgruntled Iraq war veterans” as part of anti-terror drills. Back in February, constitutional attorney Michael Connelly warned that the government is now moving to strip veterans it determines to be mentally incompetent of their Second Amendment right to own a firearm. Connelly cites a letter “sent by the U.S. Department of Veterans Affairs to hundreds, perhaps thousands, of America’s heroes.”

“A determination of incompetency will prohibit you from purchasing, possessing, receiving, or transporting a firearm or ammunition,” the VA letter states. “If you knowingly violate any of these prohibitions, you may be fined, imprisoned, or both pursuant to the Brady Handgun Violence Prevention Act, Pub.L.No. 103-159, as implemented at 18, United States Code 924(a)(2).”

“This must be Barack Obama’s way of thanking our veterans for serving,” writes the Gateway Pundit. “US veterans are receiving letters from the government informing them that they are disabled and not allowed to own, purchase or possess a firearm. If the veteran does decide to purchase a firearm he will by fined, imprisoned or both… This comes on page 2 of the VA letter.”

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Confiscated: Obama Afraid Latinos Will Attack Him With Forks At Luncheon (Video)

Confiscated: Obama Afraid Latinos Will Attack Him With Forks At Luncheon – Publius Forum

Imagine if Bush had insulted his Latino guests like this.

Latinos with forks, that seems to be Obama’s newest fear. At least, that’s the case judging from his actions at this years National Association of Latino Elected Officials (NALEO) luncheon since Obama had the Secret Service confiscate all the dinner forks from the participants at the June 22 event held in Orlando, Florida.


……………….Click on the image above to watch the video.

I guess Obama doesn’t worry about millions of illegal immigrants taking our jobs, getting free schooling and social services, but he’ll be darned if they’ll be allowed to eat dinner with forks like a civilized person, at least not with him around, anyway.

Several participants Tweeted that butter knives were banned outright and forks were confiscated as soon as the diners finished eating and before the President entered the room to speak.

Now, these attendees are supposed to be elected officials and their staffs, not just the average Jose off the street. And still Obama feared them enough to take away their forks like they were inmates at a prison or something. I am sure many of these elected officials are wondering what the heck is up with that little bit of distrust?

Dan Amira of New York Magazine has a bit of fun showing photos of all the times that Obama has been in the room with “fork wielding strangers” in the past, but it seems to me that this removal of forks by Obama would have been treated as prima facie evidence of racism if Obama were a Republican President.

I mean, imagine if a Republican was so afraid of all those scary brown people that he had the Secret Service confiscate their forks before he deigned to speak to them?

If Bush had done it, this would be leading the news from sea to shining sea and he’d be scolded as a racist that fears Latinos. It would be further said that his re-election prospects would have been dimmed by his racist actions.

There’d be protests, attacks by late night comedians, political cartoons in newspapers, web pages started all in an effort to excoriate a president so afraid of Hispanics.

I am sure, though, that this obvious mistrust that Obama has for these elected Latino officials will go practically unnoticed by the Old Media as it chugs along aboard the Obama express.

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