AMHERST, N.Y. (WIVB) - An Amherst man had his guns confiscated by the state, which claimed he was too dangerous to own them.
"David", a 34-year-old college librarian, had no idea State Police were investigating him and would recommend his pistol permit be suspended until he got the notice in the mail. Now he has to fight to get it back.
Attorney James Tresmond said, "'Due process' should come before the suspension. That is where due process comes in - before your rights are taken, due process must occur. That is our Constitutional right, not the reverse."
After meeting with Erie County's Licensing Officer, Supreme Court Justice William Boller, Tresmond says State Police recommended David's license suspension based on his prior use of a widely-prescribed anti-anxiety medication. Tresmond says the new SAFE Act requires mental health providers inform authorities.
"And that anybody that was on medication or being seen for mental health treatment, they had to report that to the State Police," Tresmond said.
Attorney Mike Deal, who is involved in an unrelated SAFE Act case, says the new gun control measure also added a reporting provision to Mental Hygiene Law for persons with gun permits.
"If they believe that person is - I want to get the language right - likely to engage in conduct that would result in serious harm to self or others," Deal said.
But is David's HIPAA privacy being violated?
Tresmond said, "Federal law pre-empts state law. The state can give you more rights, but they can't give you fewer rights than federal law gives you."
HIPAA is a federal provision that strictly protects a person's medical records and Tresmond plans to file a federal lawsuit on David's behalf.
NYS Attorney General Eric Schneiderman has obtained a court order to prevent a Buffalo woman from ever selling puppies again.
A 24-year-old man being sought after his mother and brother were found dead in their Lehigh Acres, Florida home may be heading to Buffalo.
Around 5 p.m. on Thursday near the corner of Model City Road and Rt. 104, police say 84-year-old Jose Martinez was hit by a car driven by 82-year-old Maura Nolan. Both are residents of Lewiston.
Intense Lk Snow North early heads back to Ski Country Late; General Snow Saturday
It appears snowy weather scared off about half the crowd expected at Thursday night's Common Core forum at WNED TV studios in Buffalo.
GingerBread Lane, a 300-square-foot village made entirely of edible gingerbread, icing and candy, has been designated world's largest gingerbread village by Guinness World Records.