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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So, Gov. Cuomo, how is that gun registration working out for ya, ya bum!

Via Bearing Arms

Due the the tyrannical actions of Andrew Cuomo and his allies in the state legislature,  New York residents are required to register an estimated 1 million firearms designated as “assault weapons” under the NY SAFE Act by April 15.

Unfortunately for the Governor and his allies, it appears that the open revolt of most of the state’s law enforcement leaders against NY SAFE—who correctly view the law as a blatantly unconstitutional assault on the state constitution and the Second Amendment—means that noncompliance is overwhelming.

While NY State Police refuse to publicly share the number of firearms that have been registered (citing a provision of the NY SAFE Act itself), leaks purporting to be from within the agency suggest that compliance might be as low as just 3,000-5,000 firearms. There is no way to conclusively verify this paltry figure which suggests that 99.5% of New Yorkers are thumbing their noses at Albany, but it may very well be a credible figure.

I am resisting my inherent desire to roll on the floor and laugh at Cuomo and his fellow tyrants here. There is something else at play here. Law enforcement in New York is not too ken on this law either

Gun owners in New York are well aware of the fact that their county sheriffs, state police, and local officers don’t intend to enforce the law, a stance that many law enforcement leaders have announced publicly.

Knowing that the chief law enforcement officers in most counties have announced that they will not enforce the law, a non-compliance rate exceeding 95% and perhaps exceeding 98% does indeed seem plausible.

As New York Assemblyman Bill Nojay (R-Pittsford) noted previously:

“The rank and file troopers don’t want anything to do with it,” Assemblyman Bill Nojay (R-Pittsford) said Monday. “I don’t know of a single sheriff upstate who is going to enforce it.”

“If you don’t have the troopers and you don’t have the sheriffs, who have you got? You’ve got Andrew Cuomo pounding on the table in Albany,” Nojay said.

Well, I suppose Governor Cuomo is due for some more table pounding then. Here is to you Governor

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Remember Liberals always exempt themselves from the rules they insist we obey

Because they are “elites”

Via Bearing Arms

In October of 2013, Jerome M. Hauer, Gov. Andrew Cuomo’s director of homeland security for New York, drew a gun and used the laser pointer [my bold]:

Jerome M. Hauer, Gov. Andrew Cuomo’s director of homeland security, took out his handgun and used the laser sighting device attached to the barrel as a pointer in a presentation to a foreign delegation, according to public officials. It happened Oct. 24 in Albany at the highly secure state emergency operations center below State Police headquarters.

These officials, one of whom claimed to be an eyewitness, said that three Swedish emergency managers in the delegation were rattled when the gun’s laser tracked across one of their heads before Hauer found the map of New York, at which he wanted to point.

While Hauer broke multiple laws—including apparent felonies, such as assault with a deadly weapon—he wasn’t fired, demoted, or even punished.

Instead, Governor Andrew Cuomo unilaterally exempted Hauer from the law after the fact:

The Cuomo administration has obtained a waiver to allow the head of the state Division of Homeland Security and Emergency Services to carry a handgun at work.

The required sign-off from a law barring state employees from packing a weapon at their workplace came from the state Office of GeneralServices four days after the Times Union published a story about DHSES Commissioner Jerome M. Hauer using his handgun’s laser sighting attachment as a pointer in a meeting with a Swedish delegation.

Cuomo defended Hauer at a news conference Wednesday. The governor said he’s comfortable with commissioners carrying weapons to work as long as they have gun permits. He qualified the response by adding “if they are licensed and in that field of work.”

Hauer is not a law enforcement officer or working in law enforcement, although his official vehicle has emergency lights and sirens.

Despite the lack of a waiver before January, several witnesses said he has been carrying a gun on the job since Cuomo appointed him in 2011.

People have seen Hauer with his gun on him in state buildings, including 633 Third Ave. in Manhattan, where the governor has offices, and at division headquarters at the Harriman campus in Albany.

Hauer’s practice of arming himself at work was in full view when he took out his weapon during a meeting with the Swedish delegation during an October conference at the state emergency services center, the bunker beneath the State Police headquarters in Albany.

Score one for common sense

I write a lot about bad laws, laws the like the inane gun control laws recently passed in New York and Colorado. As much as I, and anyone else who grasps the concept of liberty would love to see these laws repealed, and the Statists who passed them throw from office, we can at least take some solace from those who take stands against such laws. Such is the case of a Columbia County DA, who is refusing to prosecute a man for having two too many bullets in his gun

 

Columbia County District Attorney is showing the sort of intestinal fortitude that died in Albany and New York City long ago, and has effectively told Mayor Mike Bloomberg, Governor Andrew Cuomo, and the treasonous legislature to get bent:

The Columbia County District Attorney is making good on a promise not to prosecute a man arrested under the SAFE Act.

DA Paul Czajka told News Channel 13 he would not prosecute Gregory Dean Jr.

Dean was pulled over earlier this month after police say the light over his license plate was out.

Police say he also had a gun in his car.

While they say it was possessed legally, it had nine rounds of ammunition, which exceeds the state’s new limit of seven rounds.

Good for this man, we need more like him

 

New York Governor calls gun control opponents paranoid, extremists

Your Marxist Moron of the Day

Gov. Andrew Cuomo dismissed the latest lawsuit against the state’s new gun control law, the SAFE Act, as “propaganda” that the New York State Rifle and Pistol Association is using to keep its members in line.

“I think the paralysis in Washington on this issue is sad, frankly. If this nation doesn’t get it after Newtown, Connecticut … people all across the nation are begging their government to respond,” Cuomo, a Democrat, told Susan Arbetter on “The Capitol Pressroom.”

“What the extremists do is spread fear and unrealistic theories of conspiracies and the citizenry that needs to be armed because the government is possibly tyrannical, and they need their arms to defend themselves against the tyrannical government,” Cuomo continued. This is true: at gun rallies, I’ve heard this “slippery slope” line of argument from multiple attendees. They view the right to bear arms as a kind of check against government power.

Gov. Cuomo is a fine one to be slinging mud. What he is is a thug. Really no better than the slime ball who tried to rob me years ago. If not for my being armed that night, who knows what would have happened. To me, that punk and Cuomo are two sides of the same coin. No, Gov. Cuomo will never try to rob me in an alley. But he is all too willing to rob everyone he can of their most basic human right, the right of self-defense. Of course, I am sure Cuomo would lecture me on my “needs”. Well, I am sure it is easy for a man surrounded by armed security to not see the need of  a common American to have firearms for self-defense. As far as Cuomo calling anyone who opposes his unconstitutional law extreme? Statists like Cuomo despise liberty, and Individualism and consider anyone who does not wish to be dependent on the State an extremist, so, that is a badge of honor. Oh and one more thing……….

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Governor Cuomo Admits That A Knee-Jerk Gun Restriction He Signed Into Law Is Utterly Unworkable

Cuomo: That Gun Law I Signed Turned Out To Be Utterly Unworkable, Huh? – Hot Air

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If Andrew Cuomo has truly had an epiphany about his approach to gun regulation, it’s not really evident from this admission. The New York Times reports that Cuomo will now try to rush some changes into his banner gun-control legislation that forced New York gun owners to use magazines that no one manufactures, with even the one exception to the rule found to be unworkable (via Legal Insurrection):

In the wake of the elementary school massacre in Newtown, Conn., Gov. Andrew M. Cuomo of New York pushed through the State Legislature gun control measures that included not only a tougher assault weapons ban but also a tighter restriction on the maximum legal capacity of gun magazines.

But after weeks of criticism from gun owners, Mr. Cuomo said on Wednesday that he would seek to ease the restriction, which he said had proved unworkable even before it was scheduled to take effect on April 15.

The gun-control law, approved in January, banned the sale of magazines that hold more than seven rounds of ammunition. But, Mr. Cuomo said Wednesday, seven-round magazines are not widely manufactured. And, although the new gun law provided an exemption for the use of 10-round magazines at firing ranges and competitions, it did not provide a legal way for gun owners to purchase such magazines.

Now, one might think that after having been embarrassed by his own ignorance – and in the face of a number of critics who pointed these issues out from the beginning – Cuomo would advise the legislature to repeal the bill and start over again. One would be… wrong. This New York governor has decided to correct one idiocy with another:

As a result, he said, he and legislative leaders were negotiating language that would continue to allow the sale of magazines holding up to 10 rounds, but still forbid New Yorkers from loading more than 7 rounds into those magazines.

Er, what? Will the police be around to check how many bullets are loaded into each magazine? And, by the way, will criminals be deterred from loading rounds 8, 9, and 10 into the magazine? The whole idea of magazine limits is to limit those with criminal intent from firing too many bullets without having to reload, at which point the law expects the disarmed to rush the criminal rather than shoot back and hope he’s worse at reloading than they will be at beating someone into submission. How will Cuomo’s latest idea deter criminals, who will have zero fear of having a gun inspection before committing their crimes?

“Hey, let’s go rob that bank. Get your guns ready, and – oh yeah, don’t load more than seven bullets into each magazine.”

Furthermore, if that kind of restriction was at all useful, then why pass a law forbidding 15-round or 30-round magazines at all? Just pass a law that says no one can load more than seven bullets into the magazine, and voila! Problem solved, right?

William Jacobson calls this new idea “irrational and arbitrary.” It’s also dumber than a box of rocks, and anyone with a hint of self-awareness would have realized it before the press release went out.

Click HERE For Rest Of Story

Chris Christie, Andrew Cuomo’s kind of Republican

Just another politician, all about himself

Gov. Chris Christie (R-NJ), who is widely expected to run for the Republican presidential nomination in 2016, may have justharmed his chances by signifying his support for the policies of ultra-liberal New York governor – and possible 2016 Democratic opponent – Andrew Cuomo. Talking with union leader Larry Bulman, political director for United Association of Plumbers, Pipefitters and Steamfitters, Christie reportedly said, “I’m not much different from Andrew Cuomo. I probably agree with him on 98% of the issues.”

Christie leans liberal on a myriad of issues. While he maintains that he supports traditional marriage, that position is clearly malleable for him; he grandstands when it comes to federal disaster funding; he has ties to groups that are questionable in terms of Islamism; his anti-union rhetoric masks the fact that he gets along quite well with most of the unions in his state, including the much-maligned teachers unions; he blasts the NRA on a regular basis.

Ben Shapiro might be right, maybe this is just posturing for a 2016 run, I wonder if Ann Coulter will endorse him again? But, to me, this is the type of political gymnastics Americans are sick of, especially Republicans. Give us a candidate that says what they mean and means what they say! CONSISTENCY damn it!