Dywinski v. State Of New York (SAFE Act Challenge)
- Thread starter Brian Pfleuger
- Start date
threewishes
Inactive
Can anyone get a copy of the lawsuit that filed? I'd like to read it.
Wow! So many gun websites and emails, so much to follow up on. Now I know what poor Ed Hubel goes through keeping people updated on the 12 GA FH (by the way, a great thread to follow if you haven't seen it yet!) 
Things have been quiet for the past few days since attorneys have traveled in from as far away as Chicago, Boston, New York City and Washington to assist with the planning of the class action lawsuit (titled Richard Dywinski and David Lefkowitz v. State of New York, et. al.). Tresmond Law has now made tracking the case easier than ever if you're on Facebook. Just search for "Tresmond Law" and click "Like".
Also, If you emailed Mr. Tresmond, you should receive an email update from him within the next couple days. If you want to be updated and are not on the email list, please email him at TresmondLaw@gmail.com
Again, all interested persons who have not emailed Mr. Tresmond's legal team are encouraged to do so immediately to receive updates. They have been contacted by over 35,000 gun owners and are swamped with work. If you have emailed and did not receive a reply, do not worry, they can't answer everyone individually, although they would like to, but they will be sending out mass updates shortly.
Thank you for your support!
Things have been quiet for the past few days since attorneys have traveled in from as far away as Chicago, Boston, New York City and Washington to assist with the planning of the class action lawsuit (titled Richard Dywinski and David Lefkowitz v. State of New York, et. al.). Tresmond Law has now made tracking the case easier than ever if you're on Facebook. Just search for "Tresmond Law" and click "Like".
Also, If you emailed Mr. Tresmond, you should receive an email update from him within the next couple days. If you want to be updated and are not on the email list, please email him at TresmondLaw@gmail.com
Again, all interested persons who have not emailed Mr. Tresmond's legal team are encouraged to do so immediately to receive updates. They have been contacted by over 35,000 gun owners and are swamped with work. If you have emailed and did not receive a reply, do not worry, they can't answer everyone individually, although they would like to, but they will be sending out mass updates shortly.
Thank you for your support!
Glenn E. Meyer
New member
I wonder if various NY state psychological or psychiatric agencies have been contacted about the mental health provisions. The reporting rules seem to clearly break patient(client) / practioneer confidentiality.
Does the professional have to inform the client that he or she will be reported before therapies start? Seems to me that it would have to be that way.
Granted those professionals are probably antigun but they are usually very pro-confidentiality and against the demonization of those who need therapy.
The concern that those in need won't seek help as even innocuous firearms such as presidential skeet killer would be subject to sanctions.
The needs of police or veterans wouldn't be met by such reporting.
Does the professional have to inform the client that he or she will be reported before therapies start? Seems to me that it would have to be that way.
Granted those professionals are probably antigun but they are usually very pro-confidentiality and against the demonization of those who need therapy.
The concern that those in need won't seek help as even innocuous firearms such as presidential skeet killer would be subject to sanctions.
The needs of police or veterans wouldn't be met by such reporting.
Aguila Blanca
Staff
I'm not in NY state but my experience has been that they are nutso on the topic of confidentiality. Many years ago, for reasons not pertinent to this discussion, I wanted to see what I looked like on a Minnesota Multiphasic Personality Inventory (MMPI). At the time, I was vice-president of the board of directors for a mental health halfway house, and there was a practicing clinical psychologist on the board. So I asked him if I could take the MMPI through his office. He didn't offer it, but he set me up through a testing center that did offer it.
But he didn't have the results returned to me, he had them returned to him. So I had to go to his office, where he described the results of MY test to me, but wouldn't show them to me. When I asked for the report, he refused to give it to me, citing a state law. When I looked up the state law, it specifically applied to psychiatrists, not licensed clinical psychologists, and it prohibited releasing patient records to third parties without the patient's permission. Clearly, irrespective of the fact the law didn't even apply to him, I was not a third party and if I was asking for the test results, I was obviously giving my assent to releasing them to me. He still refused.
In the end, I had to arrange with another psychologist friend to have the results transferred to him ... whereupon he handed them to me.
So, yes, I think it's safe to say that at least some mind benders are concerned about confidentiality.
2ndsojourn
New member
^^^^"Clearly, irrespective of the fact the law didn't even apply to him, I was not a third party and if I was asking for the test results, I was obviously giving my assent to releasing them to me. He still refused."
That guy should have his head examined.
That guy should have his head examined.
Brian Pfleuger
Moderator Emeritus
Is the law firm making any effort to contact/alert major news outlets?
Fight back while court battle goes on
Do Not Get a Hunting License this year.
The SAFE was railroaded through by Cuomo in the 11th hour.
It is now Law.
As of now it will take the Supreme Court to change it. That could take years.
The Counties have been fighting back by passing non binding resolutions against the SAFE act, but that is just noise, good noise but just noise.
There has been some talk about not getting hunting or fishing licenses this year.
If successful that could cost the Governor millions. I think that could make a real statement.
Every little bit helps when we are trying to get through the Governors skull.
He did the wrong thing to all gun owners and we must all stick together.
Do Not Get a Hunting License this year.
The SAFE was railroaded through by Cuomo in the 11th hour.
It is now Law.
As of now it will take the Supreme Court to change it. That could take years.
The Counties have been fighting back by passing non binding resolutions against the SAFE act, but that is just noise, good noise but just noise.
There has been some talk about not getting hunting or fishing licenses this year.
If successful that could cost the Governor millions. I think that could make a real statement.
Every little bit helps when we are trying to get through the Governors skull.
He did the wrong thing to all gun owners and we must all stick together.
Dr Big Bird PhD
New member
I don't think Cuomo realizes this bill just destroyed any chance he ever had of being elected to POTUS.
2ndsupporter
Inactive
Come on max your killing me here. Leak it.
First of all, something I've got to clear up: No one from Tresmond Law has ever solicited funds for this case. There are some real unscrupulous anti gun cowards who are posing as us asking for money.
I am the only source on the Internet forums who can confirm or deny anything about thre case. Mr. Tresmond is putting the finishing touches on the email list, and has a Facebook page. Other attorneys are remaining anonymous. I have been tasked with maintaining a forum presence.
I am Maximillian Tresmond.
If you see anyone soliciting funds under our name, please report them to me immediately. It is criminal fraud.
On to the good news. My father has formally announced that the plaintiffs have requested a trial by jury for all issues of fact in the case. This brings the SAFE Act before a jury of our peers in Erie County, New York. There is no question at this point the State will work diligently to dismiss the case before it gets to trial.
The country is watching. This is our moment for gun rights, and for civil rights.
Onward.
I am the only source on the Internet forums who can confirm or deny anything about thre case. Mr. Tresmond is putting the finishing touches on the email list, and has a Facebook page. Other attorneys are remaining anonymous. I have been tasked with maintaining a forum presence.
I am Maximillian Tresmond.
If you see anyone soliciting funds under our name, please report them to me immediately. It is criminal fraud.
On to the good news. My father has formally announced that the plaintiffs have requested a trial by jury for all issues of fact in the case. This brings the SAFE Act before a jury of our peers in Erie County, New York. There is no question at this point the State will work diligently to dismiss the case before it gets to trial.
The country is watching. This is our moment for gun rights, and for civil rights.
Onward.
Just to confirm what Max has said: Class action lawsuit against SAFE Act | WIVB.com. There is a 2:32 minute news clip on this page.
The suit is filed. Since part of the Act engages on April 15 and the next court date is April 25th, it is natural to ask for an injunction. And since the suit is filed, it can now become a class action suit. Demanding a Jury trial puts the onus on the common people rather than a judge, to determine the constitutionality of the law.
Added to this that there are some small political consequences in being a sitting Governor being called to the witness stand and defending your own law... Remembering that Cuomo is on record as saying that he won't be taking New Yorkers' guns... Can't imagine how that one will play in front of a jury!
The suit is filed. Since part of the Act engages on April 15 and the next court date is April 25th, it is natural to ask for an injunction. And since the suit is filed, it can now become a class action suit. Demanding a Jury trial puts the onus on the common people rather than a judge, to determine the constitutionality of the law.
Added to this that there are some small political consequences in being a sitting Governor being called to the witness stand and defending your own law... Remembering that Cuomo is on record as saying that he won't be taking New Yorkers' guns... Can't imagine how that one will play in front of a jury!
MWalsh,
Think of it this way. My father has actually raised issues of fact in this case, not just issues of law. This is straight from my father, right now:
Gun ownership, a fundamental right, is being infringed upon by the NY SAFE. Act. It is an issue of fact to determine whether or not the State used less restrictive means in accomplishing a legitimate state objective.
He has to answer the questions. If he doesnt show, then he will have to be deposed and his testimony read into the record.
The chance of either of these happening if the case is not dismissed before trial? 100%
Think of it this way. My father has actually raised issues of fact in this case, not just issues of law. This is straight from my father, right now:
Gun ownership, a fundamental right, is being infringed upon by the NY SAFE. Act. It is an issue of fact to determine whether or not the State used less restrictive means in accomplishing a legitimate state objective.
He has to answer the questions. If he doesnt show, then he will have to be deposed and his testimony read into the record.
The chance of either of these happening if the case is not dismissed before trial? 100%