Right to privacy
In NY after the SAFE act, a man claims his gun permit was yanked because he was on anti-anxiety medication. How did the state police know? The article does not say.
Remember, I do this to entertain me, not you.
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April 9th, 2013 at 11:44 pm
I’ve seen other reports showing that there is a database of prescriptions.
April 10th, 2013 at 8:38 am
FTA:
“Officials confirmed state law permits the suspension of a gun permit before the permit holder even gets a chance to state their case.”
Given that the Heller and McDonald decisions make it clear that the right to keep and bear arms is protected, and that right is incorporated against the states, wouldn’t this be a violation of due process protections under *ANY* level of scrutiny applied to enumerated rights?
April 10th, 2013 at 10:46 am
A NY permit ONLY applies to handguns. That’s why it’s called a “Pistol Permit.” Long guns – except for so-called “assault rifles” are not treated any different in NY than they are in the free states,and there is not supposed to be any state database of rifle and/or shotgun owners.Only handguns are registered. Why did this guy have to surrender All his guns? This case really smells fishy to me.
April 10th, 2013 at 11:26 am
They learned this by ordering the state health insurance prescription database to give up these records, in direct violation if HIPAA, a felony.
April 10th, 2013 at 1:09 pm
Most anti-anxiety meds are controlled substances, and most states now have a database of controlled substance prescriptions.
This is why Obamacare is so scary to many medical providers. ALL your records will be accessible to anyone with what the bureacracy decides is the appropriate level of interest.
HIPAA violations won’t apply, because they will use the “imminent danger to self or others” argument.
Folks, its about to get really ugly!
April 11th, 2013 at 11:52 am
Bill: such an interpretation is not legal. Yet.
The current Senate Republican gun bill would legalize ignoring HIPAA.
April 11th, 2013 at 2:16 pm
Kristophr,
Its already being used, legal or not, and the imminent danger argument is almost impossible to prosecute.
In fact, I haven’t heard of a single medical provider or nurse being sued or prosecuted when they report someone as such.
And reading the Obamacare fine print makes it even scarier!