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Attend GOANY meetings in Monroe County. 3rd Tuesday of every month at the Ely-Fagan American Legion Post 1151,
260 Middle Rd., Henrietta, NY 14467

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Gun Owners of America, New York Mission Statement:

 

·   To protect our right to Keep and Bear Arms.

·   To inform our members and the public of anti-gun/gunowner legislation.

·   To stop NY State legislation that denies or restricts our Second Amendment rights.

·   To seek to remove any existing laws that restrict those rights.

·   To help elect lawmakers who respect and guard those rights.

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[ Help Operation S.O.S. ]

CIVIL RIGHTS ATTORNEY BLASTS CUOMO FOR DISCRIMINATION AGAINST GUN OWNERS USING THE FBI

Webster , NY Civil rights attorney Paloma A. Capanna today blasted Governor Cuomo for discriminating against law-abiding gun owners through excessive reporting of patients to the FBI.  The statement was made immediately following the FBI release of the 2016 year-end statistics of reports voluntarily made by states to the FBI for inclusion in the National Instant Criminal Background Check System” (NICS), a database of persons disqualified from firearms ownership, use, or possession in all 50 states and U.S. territories. “In the past 12 months, Governor Cuomo has reported more than 80,000 residents of this State to the FBI for having been involuntarily committed to a mental institution,” says Capanna.  “Out of the total of more than 460,000 persons reported since 2013, a few people across the state have somehow been targeted by the NYS Police for revocation of their handgun license and confiscation of their firearms.  Every person I have represented to date in such a license hearing has proven to the satisfaction of the court that the report against them was false.  This upsurge in reporting by Cuomo to the FBI is nothing more than opportunism to discriminate against law-abiding gun owners by fanning the flames of societal fear against people who voluntarily seek care and treatment.” Capanna represents plaintiffs in federal, state, and local courts, fighting against systematic false reporting of “involuntary commitment” and additional reporting under the “SAFE Act.”  Among the decisions currently pending are the records, if any, of more than 2,000 individuals who submitted Freedom of Information Requests to the NYS Police for any records it may be harboring against them from medical providers.  Capanna previously won the case of Robinson vs. Cuomo for the release of the numbers of firearms registered under the “assault weapons ban,” including an award of attorney’s fees and costs against the state. Oddly, the ATF annual report also shows that in eight other disqualifying categories, Governor Cuomo has not reported a single person to the FBI.  The ATF report shows zero (“0”) reported felony convictions, zero persons under indictment, zero fugitives  from justice, zero illegal aliens, zero who have renounced their U.S. citizenship, and zero who have committed a misdemeanor crime of domestic violence. State reporting of disqualified persons to the FBI is voluntary. Since 2009, New York has received more than $13 million in federal funding under the “NICS Act Record Improvement Program,” more than any other participating state. New York receives incentive money to report individuals as “involuntarily committed” and as having a restraining order issued against them. These are the only two categories of federal disqualification for which New York reports individuals to the FBI to include in the NICS database. In addition, the NYS Police maintain a second, secret database on New Yorkers under Mental Hygiene Law §9.46.  It is estimated that more than 200,000 reports have been made into that database, or, a total of more than 700,000 records between the two tracks of reporting.  This would mean that 3.7% or 1 out of 27 New Yorkers are housed in the NYS Police database under “mental health” allegations.  The NYS Police have previously stated that they conduct no investigation into the veracity of the allegations. Both types of reports originate from a medical provider.  No notification is required to be given to the patient of the report being made, nor is the report required to be part of the patient’s medical record.  Neither is patient consent obtained for the transmission of their medical information to law enforcement, including any diagnosis and provider narrative. Legislation called the “Civil Rights Restoration Act” is currently being discussed with Democratic and Republican Members of the State Legislature, according to Capanna.  “At the point we win notification to every man and woman in the secret NYS Police database, people will understand why I keep saying this civil rights scandal under Governor Cuomo will eclipse the McCarthy Era.” PRESS CONTACT INFORMATION: Paloma A. Capanna, Attorney & Policy Analyst 633 Lake Road Webster , New York 14580 (585) 377-7260 www.Law-Policy.com

 

GOA NY The Civil Rights Restoration Act - PDF Document

Albany, New York, January 9, 2017 -- "The Civil Rights Restoration Act" will guarantee the civil rights of all to Due Process, Equal Protection, Privacy, Property, and Second Amendment. It will strengthen family, amending the definition of "immediate family" to include "parents, brothers, and sisters." It will honor religious freedom for those of the Amish faith, allowing them to provide fingerprints, where a photograph requirement otherwise precludes purchase of a long gun for hunting to feed their family and community. It will expand the right to counsel to men and women defending their handgun license from "mental health" allegations. It provides for notification to more than 600,000 people who have already been reported, in secret, to the NYS Police and the FBI under "mental health" and other, disqualifying provisions.

View the Video

 

Second Amendment Coalition White Paper - The State's Case in NYSRPA vs. Cuomo: What the State Wants You to Believe 

Help us with project S.O.S. FBI
The link above is a letter I've recently sent to Director Comey.  Would you consider additing your name and a letter of your own?  Would you at least print out my letter and say, "I second this request," and spent 49 cents to send it in?
The federal "ask" is the final path to deploy in our fight.  It will not be easy to get their attention.  Every letter and phonecall is necessary.
Please also share this with everyone you know.
Thanks ~ Paloma A. Capanna Attorney & Policy Analyst

MORE THAN 85,000 SECRET REPORTS MADE BY DOCTORS TO NYS POLICE SINCE 2013 WITHOUT NOTICE TO THE PATIENTS

 

Webster, NY – Civil rights attorney Paloma A. Capanna today released the statistics on the NYS Mental Hygiene Law §9.46 secret reporting from 2013-2016, showing more than 85,000 reports made from medical providers to the NYS Office of Mental Health and the NYS Department of Criminal Justice Services.  The statistics, obtained through the NYS Public Officers Law (“FOIL”), show secret reports have been made in every county of the state, every year, since the “SAFE Act” was launched in 2013.

The secret reports flow from doctors to OMH to DCJS to the NYS Police.  “These secret reports effectively criminalize those who seek mental health and medical services,” says Capanna.

Capanna's client, Nicholas S. Castellano, submitted the FOIL.  “To learn that more than 85,000 reports were secretly made by doctors against their patients since 2013 puts Governor Cuomo at the top of the list previously headed up by Joe McCarthy.  This secret reporting program puts the NYS Police in every examination room in the state.  Make no mistake about it.”

Of those reported to NYS, only a handful of handgun license holders have been notified of the secret reports, during court cases.  There is no notification requirement as part of MHL §9.46.  The report is not part of patient medical records.  And, the state agencies in possession of the reports refuse to release them even to the individual.

Capanna also released the original FOIL, all of which was denied, except for the one data set. “We will continue to fight to obtain all of the requested information,” said Capanna.

Capanna represents clients in federal, state, and local courts, fighting against systematic false reporting of “involuntary commitment” and additional reporting under the “SAFE Act.”  Among the decisions currently pending are the records, if any, of more than 2,000 individuals who submitted FOIL requests to the NYS Police for any records it may be harboring against them from medical providers.  Capanna previously won the case of Robinson v. Cuomo for the release of the numbers of firearms registered under the “assault weapons ban,” including an award of attorney's fees and costs against the state. 

“I will not rest until this secret reporting system is shut down and everyone reported into it is notified,” said Capanna.  “Democrats all over this state are going to be shocked at what Governor Cuomo has done to their rights to privacy and under HIPAA when they get notified that they, too, are in this secret, criminal database.  This has nothing to do with gun rights and everything to do with civil rights.”

ATTACHMENTS:

1. NYS OMH letter to Mr. Castellano (March 1, 2017);

2. NYS OMH letter to Mr. Hempel (March 1, 2017);

3. FOIL from Messrs. Castellano and Hempel to NYS OMH (October 10, 2016); and,

4. “NYS Secret Reporting” Flow Chart (a/o 12/31/2016).

 

PRESS CONTACT INFORMATION:

Paloma A. Capanna, Attorney & Policy Analyst

633 Lake Road

Webster, New York 14580

(585) 377-7260

(315) 584-2929 mobile

www.Law-Policy.com 

 

 

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Contact Gun Owners of America, New York
160 Allens Creek Rd
Rochester, NY 14618-3309
585-900-1976
E-mail contact@goanys.

 

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