Radio Host Charges Cuomo / DHS Conspiracy Against NY Gun Owners

By Tom Bauerle

New York Governor Andrew Cuomo
New York Governor Andrew Cuomo
WBEN Radio
WBEN Radio

New York – -( Claiming information from multiple sources that ought to require the resignations of New York Governor Andrew Cuomo and State Police Superintendent Joe D’Amico, WBEN Buffalo radio host Tom Bauerle yesterday told listeners he’s had it confirmed that New York State Police are lying when they say they made a mistake when they confiscated an Erie County resident’s guns.

Instead, Bauerle charges, there is a high-level conspiracy to violate the Fourth Amendment rights of New Yorkers that reaches up to the Obama administration’s Department of Homeland Security.

The claim by the Erie County Clerk that New York State Police had simply provided “bad information” resulting in permit revocation and the confiscation of Amherst resident David Lewis’ guns is not true, Bauerle insists. “I’ve had it confirmed; the New York State Police are lying about him not being the guy they wanted.”

Police weren’t expecting Lewis to get a lawyer, Bauerle says, especially one who knows the Second Amendment.

“They had the guy they wanted,” Bauerle maintains, calling the official excuse “nonsense” and charging Gov. Cuomo “is a monomaniac on the subject of guns.”

What happened, he explains, is that the state has a special HIPAA (Health Insurance Portability and Accountability Act) unit to search private medical records without warrants, and that Lewis was simply the first person to be caught up in that net.

It’s a scheme “to deprive New York citizens of basic protections,” Bauerle charges, where the state wants “carte blanche to look at every person’s medical records and cross-reference them with pistol permit holders” for purposes of confiscation and permit revocation. According to Baurele, his sources tell him this is being coordinated with officials in the Department of Homeland Security, and there was a meeting in Albany with the New York State Police and the Division of Criminal Justice Services “at the impetus of DHS.”

Bauerle alleges there is “a clandestine squad” violating the Fourth Amendment and circumventing HIPAA privacy protections in order to revoke pistol permits from those who have been prescribed anti-depressants or who have undergone mental health treatment, calling that “tyranny, plainly and simply.”

Max Tresmond, the son of Lewis’ attorney Jim Tresmond, joined the program and told Bauerle their law firm is having information leaked to them from inside the state “that confirms everything that you just conveyed to the public.”

As for next steps, the host and his guest advocated for continuing the investigation, having citizens demand a special prosecutor to investigate the allegations of “a plan to systematically violate the Fourth Amendment,” and also put out a call for more whistleblowers to “come forward,” guaranteeing protection of confidentiality.

“We are in the process of preparing a federal case on behalf of David Lewis,” Tresmond revealed, promising “we will be relentless in our pursuit of the truth.”

The interview can be listened to in its entirety at the WBEN website.

  • 11 thoughts on “Radio Host Charges Cuomo / DHS Conspiracy Against NY Gun Owners

    1. Second Amendment has been upheld as an individual right under the Constitution , Which means the Safe act and NYS overstepped the 10th Amendment and is Unconstitutional.

    2. The “SAFE” (Secure Ammunition and Firearms Enforcement) Act was debated in closed session without committee hearings, and Gov. Andrew Cuomo signed it into law within an hour of its passage — after waiving the required three-day public comment period. This 80 page legislation was passed late into the night… literally and figuratively under the cover of darkness. There existed no exigent need as claimed, of the Act’s 60 sections, only three (3) took effect on its adoption into law. Cuomo bragged that New York now has the “toughest assault weapons ban” in the country but claimed that the law respects the Second Amendment and preserves the rights of “hunters and sportsmen.” The former is true; the latter is not.
      The most widely reported provision of the law is the total ban on the sale of military-style rifles classified as “assault weapons,” effective Jan. 15. The provision forever prohibits anyone other than a law enforcement agency from acquiring such weapons, including the popular hunting and target variants of the AR-15 rifle. Current owners of such rifles must register them with the state by 2014, and the registration must be renewed every five years. Current owners of such rifles may never sell them to another New York State resident in the future or pass them down to members of their family.
      Shockingly enough, in many ways the “assault weapons ban” is actually one of the statute’s lesser infringements on the Second Amendment. The statute criminalizes, potentially criminalizes, or places under state surveillance even the most innocuous, banal, and pedestrian forms of gun ownership, and it restricts the right of self-defense. The new law prohibits the sale of any quantity of ammunition by anyone other than a licensed dealer and requires that such dealer perform a criminal background check on the purchaser and forward the purchaser’s name, address, age, and occupation, and the quantity, caliber, and make of the ammunition, to a State Police database. Thus, the ammunition database creates a de facto universal long gun registry. A hunter who purchases a box of five 12-gauge deer slugs will have the effect of documenting ownership of a 12-gauge shotgun.
      The law affirmatively requires that a person’s firearms must be confiscated if any order of protection is filed against them — no matter how meager the complaint may be. It also requires that a “mental health professional” (including a physician) who believes that an individual is a danger to himself or others must report his or her diagnosis to the police for purposes of firearm confiscation. Such a diagnosis is highly subjective. But the law exempts such “professionals” from civil liability; thus, any “mental health professional can initiate the confiscation of a person’s firearms, and the gun owner is forbidden to file a civil suit to challenge the “diagnosis.”
      The SAFE Act also severely infringes on the right of self-defense from criminal predation. Although Article 35 of New York Penal law allows the use of deadly force in the event of a home invasion, the SAFE Act restricts the ammunition capacity of all arms to seven rounds. If you possess a magazine loaded with more than seven rounds in your own home, you are guilty of a criminal offense. If a criminal with a stolen handgun and an illegal 15-round magazine invades your home and you shoot at him with more than eight rounds, you will be criminally charged, and your magazine (and possibly your firearm) will be confiscated and destroyed without compensation, because you have now used it in the commission of a crime.
      The seven-round magazine limit effectively bans or severely restricts the use of perhaps 75% of the firearms designed in the past 100 years. Seven-round magazines simply do not exist for common firearms such as the popular 10-shot Ruger 10/22 rifle, five million of which have been manufactured since the 1960s. Although the Act “grandfathers” existing ten-round magazines, it forbids owners to put more than seven rounds in them, and it requires lawful owners of magazines capable of holding more than ten rounds to sell them out of state, surrender them, or destroy them. This is clearly an unconstitutional deprivation of private property, in violation of the Fifth Amendment.
      The law also prohibits the private “sale” or “exchange” of any firearm to any person unless a licensed dealer performs the “sale” and a background check. You may not give your brother or nephew a .22 rifle on Christmas Eve. The law does not clarify how long someone must be in possession of a firearm before such possession is understood to be an “exchange”; thus, it is possible that lending a rifle to your brother-in-law for deer season without a dealer transfer and a background check could be construed as an illegal exchange.” You would then be a criminal, and the gun used in the “crime” could be confiscated and destroyed.
      Finally, the SAFE Act requires that gun owners report any “loss or theft” of a firearm or ammunition to the police within 24 hours. Failure to do so is a criminal offense. Read literally, a deer hunter who drops a single 12-gauge slug in the snow and cannot find it is a criminal unless he reports the loss to the police.
      The New York SAFE Act is one of the most brazen assaults on the Constitution and on individual liberty in the history of the United States. Cuomo has thumbed his nose at the Supreme Court’s Heller and McDonald decisions in 2008 and 2010 affirming the right to keep and bear arms. The intent of the law is to suppress and criminalize the common use of firearms, including guns not defined as “assault weapons.” This legislation does not have the support of our law enforcement community, which Cuomo failed to consult or exempt, despite being tasked with its enforcement. In fact, the NY State Sheriffs Association has specifically opposed the act. The New York State Association of County Clerks and the New York State Association of Counties have also passed resolutions opposing the NY SAFE act. More significantly, 51 of New York’s 62 counties have either passed, or are in the process of passing, resolutions calling for the repeal of the SAFE Act, that list continues to grow. New York has the highest taxes in the nation. It is ranked as the least “business-friendly” state in the country. The implementation of this legislation is not only going to cost NY state 36 million dollars a year, it has created a hostile environment for both in-state and out of state sports men and women who now risk committing crimes for the countless technical criminal violations created by the SAFE Act for possessing items which can be purchased over the counter in all our neighboring states.

    3. To Mr. Lee-Wright et al, I think you can assume all states are accepting bribes to collude against the non politically connected.

      And whether or not the recent spate of public violence were false-flagged.

      You can be sure that the State intends to maintain transient empire at all costs, to include a sacrifice or two of non politically-connected conscripts. That’s the way it always is.

    4. NY is the incubator for Statism, all of you who voted democratic, now you see you have sewen the wind and are about to reap the whirlwind

    5. Man – I hate being right about this stuff. But the way they came back with that pat answer so fast – that ridiculous assertion that it was a mistake – no way was I going to believe that.

      I think they’ve even started sending out reliable mouthpiece Joe Biden to start mocking a big gun grab. I’m really getting sick of all the disinformation coming out of that lying chump’s mouth. Obozo and Jarrett just keep giving him those fake talking points like a good little line worker. What a tool.

      The DHS involvement shows that the DHS leaker Rosebud was 100% right. They are going for the 25-50 million national confiscations scenario. We can keep up the lawsuits, but if they stonewall on those, then the only way out is simple – some of us have to die, for the liberal women to start screaming at the bloodbath. But these evil commies will take a lot more bodies than “4 dead in O-hi-o”.

      I think the NRA must be opposing the federal background checks because they know that ANY background check law that tweaks the status quo will be used as cover for a similar nationwide operation which will not be explicitly voted on. And we have to impress that on these jokers in the Senate and House. Looking at the idiot Toomey/Manchin S.649 text, it leaves plenty of room for Eric Holder to slip in a pharmaceutical gun grab. It specifies expressly that HIPAA can legally be used to get medical data on gun owners, and leaves open a blank slate on prohibiting guns to “criminals and mentally ill”. So they either have to tie Eric Holder’s hands in iron law, or kill the bill.

      This is it, people. I knew it. Rosebud is a champ.

    6. One word comes to mind.. Treason, All public officials take a oath to support and defend the Constitution. Any law or directive or agency that works to deprive the populace of their constitutional rights is at the least illegal if not treasonous.

    7. Note Obama’s #1 priority isn’t the economy. It’s disarming the nation. He doesn’t want us armed when the economy/financial system implodes. Would you if you were him?

    8. It seem to me that the KGB from the old Soviet Union was called the department of homeland security. New Yorkers have overwhelmingly supported being a socialist state, so It is a good place for the Feds to start action.

    9. So?
      Where will anyone find a “special prosecutor” who is not bought and paid for by the comedy team of Obama/Holder?

    10. DHS did it in NY and tried it to do it in Missouri. How many other states have had requests from DHS for gun owner databases? To what degree has DHS been able to implement this program?

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