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Firearm Registration + Bureaucratic Incompetence = Seizure of Innocent Veteran’s Guns in New York

Friday, August 4, 2017

Firearm Registration + Bureaucratic Incompetence = Seizure of Innocent Veteran’s Guns in New York- Naples Gun Shop & School ffl transfers sales

It had all the makings of a dystopian political thriller. Sheriff’s deputies unexpectedly descend onto the property of a law-abiding 70-year-old Vietnam veteran and insist they have a writ to seize his firearms. The document, however, is obviously flawed. Different Social Security numbers appear in different places. The man knows he’s never been in trouble with the law. And he had certainly never appeared before a judge on the issue of his firearm ownership. When he tries to point out the obvious mistake, he is ignored. All the police want to know is where his guns are. 

Thankfully, Don Hall of Talberg, N.Y., was not subject zero in a long-feared government round-up of civilian firearms. But his story – detailed in a lengthy article on the Syracuse.com website – is still a chilling and cautionary tale that underscores the dangers of firearm registration, antigun fanaticism, and laws that dispense with constitutional due process on the pretense of protecting “public safety.”

Fortunately, Mr. Hall kept his head that night last February and did not overreact to a confusing and provocative situation. Instead, he contacted a lawyer the next day and began the arduous process of clearing his name and securing the return of his lawfully-owned and constitutionally protected property.

According to the paperwork the deputies had shown Mr. Hall, he had been labeled as a “mental defective” and was therefore prohibited from owning firearms. Hall wracked his brain trying to figure out any possible basis for this finding, but there was simply none. He had never been treated for any mental health condition. 

On his attorney’s advice, Mr. Hall went from one local hospital to the next securing affidavits to prove he had never received mental health treatment. At one hospital where he had been treated for sleep apnea, he told the Syracuse.com, the records clerk “turned white as a ghost” when she realized they had incorrectly entered the Social Security number associated with his account.

Finally, some two months later, Hall’s attorney was able to convince an Oneida County judge that his client was the victim of a bureaucratic misidentification. The judge ordered the guns returned, but even then, Hall was initially told he’d only get back his pistols, not his long guns. Fortunately, that further bureaucratic error was also corrected.

The genesis of Don Hall’s trouble appears to be New York’s practice of cross-checking certain mental health records with firearms registrations. Hall had apparently been mistaken for another individual with a disqualifying metal health history. While the Syracuse.com article indicates the exact legal authority for the action taken against Hall remains unclear, at no time before his firearms were forcibly seized was he given a chance to answer the accusations against him.

“I was guilty until I could prove myself innocent,” Hall told the reporter. "They don't tell you why or what you supposedly did.” His attorney agreed, stating, “To me, presumption of innocence is the foundation of our system, and this provision [allowing for seizures based on cross-matched records] doesn't allow for that.”

Gun control advocates are increasingly pushing for laws that would allow authorities to suspend a person’s Second Amendment rights based on unproven accusations or the inclusion of a person on some secret government list. These types of regulations turn constitutional due process on its head by forcing Americans to prove their innocence after adverse action has already been taken against them based on evidence they were never given a chance to contest.

While Don Hall eventually got back his firearms, he had to spend considerable time and money to establish his innocence, and none of the entities or officials involved are taking responsibility for the mistakes that led to the seizure, much less offering to compensate him for his efforts and trouble. And for every person like Don Hall with the means and determination to challenge arbitrary and unjustified government action, there are surely many more who will simply cut their losses without putting up a fight.

Which all just goes to show that when it comes to antigun fanaticism, trampling the rights of the innocent has always been the cost of doing business.

Source: https://www.nraila.org/articles/20170804/firearm-registration-plus-bureaucratic-incompetence-seizure-of-innocent-veteran-s-guns-in-new-york

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Naples Gun Shop & School | 347 Airport Road N, Naples, FL 34104 | (239) 285-4011

 

Reviews

Naples Gun School - 5 stars Love this place. Dave treated me like a V.I.P. He's a cool guy. He takes time teaching you throughout the course. This is the place to buy firearms, supplies and for class. A++++ Anthony Rojas

Naples Gun School - 5 stars Great class!! There was a lot more hands on instruction than the class that I had in Tennessee. David was knowledgeable and entertaining. Good insights on Florida law. My wife will be taking the class shortly. Thanks David. Kevin 9/15/2018

  I thoroughly enjoyed the concealed weapons class on 8/11/18. The class went beyond my expectations. Dave you are an awesome instructor and made the class fun. I would highly recommend Naples Gun Shopping and School! Thanks for sharing your knowledge! - Teresa Cannon

David is an excellent instructor. The class is excellent and exceeded my expectations with information on the laws of Florida, and as well to carry properly, load the weapons as well as placement of holding weapons. If your looking to buy a weapon he is the man to go to. I personally bought my firearm from. - Carlos Casiano

Naples Gun School - 5 stars  Martha Hohenthaner

Naples Gun School - 5 stars  This was a very good class. I did not have to take it, as I am a Veteran, however it is a good idea. I learned a lot about Florida Law I did not know. It will in the long run help keep you out of trouble. David was very patient with my wife when we live fired, because she has arthritis and had a hard time pulling the trigger in double action mode. Good Job David thanks so much..Joseph Hohenthaner

Naples Gun School - 5 stars  The class was engaging and as fast paced as it can be. The instructor was knowledgeable and worked well with a class spanning all the levels of experience and age you can imagine. I also felt it was fairly priced, especially as you just had to bring yourself and an ID - all other supplies were, er, supplied.Cliff Elam 

Naples Gun School - 5 stars  Naples Gun Shop & School gets an A+ in my book! David and Ginny were great. I took the CWP class today 7/21/18. Both are extremely knowledgeable and easy to talk to. David is one of the best instructors that I have had the pleasure of meeting. I highly recommend Naples Gun Shop & School. Best prices, Great training, and easy to deal with. I will definitely be returning to do further business. Thank you David & Ginny....see you soon!Nicholas Lupo

Naples Gun School - 5 stars  I've been a repeat customer for FFL transfers with Naples Gun School for quite some time. Dave's customer service and knowledge are second to none. After speaking with Dave for a few moments, you start to feel as if you have known him for quite a while. I look forward to continuing my business when the new location opens. - Robert Boyette

I really enjoyed the class yesterday, and it was very nice to meet David and Ginny. David is very knowledgeable, helpful, and best of all: has a sense of humor. I was more nervous than I thought I would be because this was the first time in my life that I've ever shot a semi-automatic weapon. David lives and breathes this stuff and his presence and ease with weapons was very calming for me when I was at the range. Ginny was also very supportive throughout the whole class. Thank you guys so much! It's a pleasure and I will be back to purchase supplies from you! - Shenandoah Webb

Naples Gun School - 5 starsTook the 3/31/18 class and loved it! Dave was very informative and his laid back teaching style made the 4 hour class fly by. Would recommend this class to anyone interested in a CWP. Thanks Dave and Ginny! - Kelly Gardner

Naples Gun School - 5 stars I’d like to thank The Naples Gun School for the time and effort they took in order to help me become a more responsible hand gun owner. By taking your CCWP class on 3.31.2018, I’m honestly a better person today than I was yesterday. Your course is not only interesting, but informative as well. The time we had together flew by. Throughout the whole process, they were calm and patient with every student. Especially after everyone seemed to drop their cartridges on the floor during the revolver training portion of the program. I highly recommend Naples Gun School to anyone that’s interested in becoming a CCWP holder. And I definitely will use their services by purchasing all my gun needs through their establishment. David & Ginny, thank you so much. I had a wonderful time!Chris Shaffer

Naples Gun School - 5 stars This class kept me very interested, informed and didn’t even realize 4 hours went by! Would recommend everyone to take this class! - Douglas Shaffer

Naples Gun School - 5 stars - Lurybella Lora Trejo

 

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