Civil Rights Attorney Blasts Cuomo For Discrimination Against Gun Owners

Andrew Cuomo
Andrew Cuomo
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Ammoland Shooting Sports News

WEBSTER, N.Y. -(Ammoland.com)- 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.

Paloma A. Capanna, Attorney
Paloma A. Capanna, Attorney

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 percent 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.”

 

 

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Alton Supernault
Alton Supernault
1 year ago

Benito Coumo

Ellen Kilbourne
Ellen Kilbourne
3 years ago

Thanks so much for your work to restore/protect gun rights in NYS.

Pistol Pete
Pistol Pete
3 years ago

Keep up the good work and thanks for helping gun owners.

Kevin Sisson
Kevin Sisson
3 years ago
Reply to  Pistol Pete

We’re expecting a bill # by Friday for the
Civil Rights Restoration Act.
This will bring the left in to put the nails in The coffin of Andrew Cuomos stripping of the Second Amendment.

cowboy
cowboy
3 years ago

Cuomo looks like the villain in the movie “A Bronx Tale”, fittingly.

HLF
HLF
3 years ago

Typical Marxist/communist crap. This would make stalin and hitler happy.

Colonialgirl
Colonialgirl
3 years ago

Sorry, But this guy, Andrew Cuomo, LOOKS like a total douche and low life crook and thug.

Wild Bill
Wild Bill
3 years ago
Reply to  Colonialgirl

Yeah, he looks like he has the NYC numbers racket concession, and someone owes him money.

RDNK
RDNK
3 years ago

Cuomo is a real POS !

Old Guy
Old Guy
3 years ago

Remember this is the guy who when he was in Charge of HUD tried to have guns ownership banned from public housing and supported all sorts of lawsuits against the firearm companies – we can expect nothing less from him but NYC is always going to make sure he is re-elected

DrSique
DrSique
3 years ago

Welcome to the liberal utopia that Orwell warned about, where “big brother” peeps into your window at night to see what you are doing and what you own. The “mental health professionals” are now informing to the government how unstable a patient is, all while doling out bottles full of mind bending pharmaceuticals. Andrew Cuomo(AKA IL DOUCHE) is a tyrannical loud mouth who thinks that he rules from Albany, instead of serving the citizens of NYS. Hopefully, Preet Bharara will take him down like he has so many other NY corruptocrats.

robert penny
robert penny
3 years ago
Reply to  DrSique

Preet Bharara is a demoncrap just like comoo

s
s
3 years ago
Reply to  robert penny

He has also been relieved of his post.

James Lamb
James Lamb
3 years ago

Join us in taking on the anti-gun states: http://www.TruckerLivesMatter.com

Street Survivor
Street Survivor
3 years ago

Cuomo just another freedom hating collectivist who is the lunatic fringe. Represents everything that is wrong with our great Republic. Just like his stuttering, gun grabbing, counterpart in Ct [D]im wit Daniel Malloy. Not one more inch. Defy ,evade, resist & smuggle. Cuomo & Malloy have earned a place in a FEMA camp.

Su Moy
Su Moy
3 years ago

Thank you Counsellor

Laddyboy
Laddyboy
3 years ago

Secret government list and EVERY list held in government hands lead to confiscation!!!!!!!!!!!

RM Molon Labe
RM Molon Labe
3 years ago

But…but…they are NOT going after We the People’s GUNS…