Hospital Visit Equals Firearms Restrictions-Buffalo NY

I know Budd as we served on a 2nd amendment board together for many years. Regards BPB

This is the column on Lois' regaining her second amendment rights

Subject: Re: Lois Reid



https://buffalonews.com/2019/04/24/rod-watson-want-to-protect-gun-rights-under-safe-act-dont-get-sick/?fbclid=IwAR1cwOVnI0VmNOmRaaXuBOO-zYEn1HzoqdWCx5NPj7mKZPB-0ncxLVGmHo4





Lois Reid practices at the Mohawk Rifle and Pistol Club with the handgun she just got back five years after being erroneously victimized by the mental health provisions of New York’s SAFE Act. (Derek Gee/Buffalo News (pic)



Lois Reid and husband Harold “Budd” Schroeder check her target after she shot the handgun she just got back after being erroneously placed in the National Instant Criminal Background Check System and being denied access to the gun for five years. (Derek Gee/Buffalo News) (pic)



The Buffalo News   By Rod Watson|Published 11:30 a.m. April 24, 2019



Rod Watson: Want to protect gun rights under SAFE Act? Don’t get sick



"We just want to keep guns out of the hands of criminals and others who should not have them."



That’s the mantra every time Gov. Andrew Cuomo and other politicians snooker the public with "reasonable" gun control measures like the SAFE Act or the plethora of bills Democrats have unleashed since taking full control of Albany.



But the next time you hear that political poppycock, remember Lois Reid.



Reid is not a criminal, a terrorist or a madwoman.



She’s just a 71-year-old law-abiding citizen who was stripped of  her guns for five years because of the SAFE Act, before finally reclaiming her Second Amendment rights last month.



Reid was victimized not by criminals, but by her own government. Why? Because it’s easier for politicians to pretend like they’re doing something by targeting those who follow the law than by going after those who don’t.



Her ordeal began shortly before Christmas 2013 when Reid went to Buffalo General Hospital and was transferred to Erie County Medical Center. She suffers from a form of mitochondrial myopathy, a neuromuscular disease she said left her disabled since 1990 and bedridden most of the time until it was finally properly diagnosed in 2011. An expensive compound medication she calls "a miracle" got her back on her feet until her insurance company stopped paying for it two years later.



That’s when she went to the hospital and the SAFE Act kicked in, with an interrogation about whether she owned a gun – which she refused to answer – and what ended up as an erroneous designation as an "involuntary" admission, which can imply mental health issues that trigger a report to the Integrated SAFE Act Reporting System.



That started a chain reaction that led to her pistol permit being suspended the following month. Because her guns were co-registered with her husband and son, she didn’t have to turn them in, as is normally done. But they had to be locked in her husband’s gun safe and the court barred her from "any physical contact with any of these weapons."



Because she maintains a separate condo, it meant Reid – who had an "unrestricted" permit allowing her to carry – was suddenly without protection.





"I felt extremely vulnerable," said Reid, who even stopped attending an evening church service unless her husband accompanied her.



"I had to make changes in my life," she said.



And all because of an erroneous report she suspects was triggered by a hospital staffer angry her over refusal to answer the gun questions.



It took two years before the office of Niagara County Judge Matthew Murphy got to the bottom of what happened, concluding that her disease has "a plethora of neurological symptoms that often manifest – and are frequently misdiagnosed – as psychiatric, rather than physical" and that the hospital "appears to have misperceived the symptoms."



Indeed, according to Mitochondrial Disease News, the most frequent misdiagnoses are, in order, psychiatric disorder, fibromyalgia, chronic fatigue syndrome and multiple sclerosis.



That erroneous diagnosis, along with an equally erroneous designation of Reid as an "involuntary" admission, started a series of false reports that the judge found ended with the State Police notifying the Erie County Pistol Permit Licensing Office that Reid "‘has been adjudicated as a mental defective or has been involuntarily committed to a mental institution.’ Neither of these claims is accurate."



The Niagara County judge got the case to avoid conflicts of interest because Reid and her husband, gun-rights advocate Harold "Budd" Schroeder, are well-known here and Schroeder is a past president of the Judges and Police Conference of Erie County. After digging into it, Murphy ordered her pistol permit reinstated without restriction in June 2015.



But that, along with resolving the insurance snafu, was only half of Reid’s battle.



As a result of the misdiagnoses and erroneous reports, she also had been listed in the National Instant Criminal Background Check System, or NICS. As long as she was on that list, created under the Brady Bill, she was barred from reclaiming her guns.



After doing internet research, working through a bureaucratic maze for years and ignoring advice to try to get the hospital to correct the mistake, she finally just sent in the judge’s decision. The FBI accepted that and removed her from the NICS list last month.



Even now, though, it’s still not clear how Reid got termed an "involuntary" admission. She said she went to Buffalo General one afternoon, but didn’t get a bed at ECMC until the following day. Exhausted and without her glasses, she signed what she thought was a standard admissions form. It actually was admission "as a voluntary-status patient to this hospital which provides care and treatment for persons with mental illness."



Of course, she doesn’t have mental illness, as the judge concluded. But even then, it’s not clear how that became the "involuntary" admission that cost Reid her Second Amendment rights for five years.



"I couldn’t go target shooting or anything," said the avid gun-rights proponent.



ECMC said privacy laws prevent it from commenting.



Reid – who was part of a previous unsuccessful SAFE Act lawsuit – had wanted to sue again, but multiple lawyers told her she missed the deadline because the clock started ticking in 2015 when she get her permit back, not last month when she got off of NICS.



Now, the best she can do is warn others of the hazards of a badly written law rushed through Albany in the dead of night. The SAFE Act was passed under a "message of necessity" with no time to even read it, let alone debate it, just so politicians could say they did something after the Sandy Hook school shooting.



Shortly after the law’s passage, the New York Times filed a Freedom of Information Law request to get a tally previously denied by the Cuomo administration, and found there were some 34,500 names on the Safe Act’s mental health list, most of whom wouldn’t even know it unless they owned a gun or tried to buy one. That was 2014, meaning tens of thousands of New Yorkers no doubt have been added to the list since then.



The law’s other shortcomings – the seven-round limit struck down by two federal courts, the pistol permit recertification fiasco, the cosmetically-based "assault weapons" ban – also have been manifesting themselves ever since it was passed, making life a hassle for legal gun-owners like Reid while criminals ignore it.



After her ordeal, Reid has some advice for others: cross-register your guns to make sure the government doesn’t seize them when it screws up like this, and never go to "any hospital in New York State that has a mental health unit."



There’s one more bit of advice she might have offered: Stop voting for politicians who masquerade as crime-stoppers by passing bills targeting legal gun owners instead of criminals.



Rod Watson – Rod Watson has been a weekly columnist for The Buffalo News since 1992. In addition, as urban affairs editor, Watson oversees coverage of the city school system, City Hall reporting, the federal courts, transportation and politics.



The Buffalo News – The Buffalo News is Western New York's No. 1 news source, providing in-depth, up to the minute news. The Buffalo News brings you breaking news and the latest in local news, sports, business, politics, opinion and entertainment from

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So a guy makes a post on the internet and it is meet with all kinds of advice much of which is incorrect. Many times these questions have already been beat to death on a weekly trial by expert opinions.

IMPO: The proof marks tell who made the barrel not always the name of the town it came from.

Any Spanish mfg CVA will be marked as such. The 2 piece "Jukar" the name stamped on many barrels of which CVA offered 2 similar rifles with different stocks. The earlier model had a wide brass band ,while the later Kentucky rifle offered a thin brass ring.

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The Right Side by Budd Schroeder Is Justice For All Just A Slogan?

Budd & I were on the board of SCOPEny.org together. THE RIGHT SIDE BY BUDD SCHROEDER APRIL 10, 2919 IS JUSTICE FOR ALL JUST A SLOGAN? There is an old saying “Let the punishment fit the crime.” How about having punishments when no crime was committed as seems to be a common event, especially in federal courts? A local man who has been associated with President Donald Trump can give a good example of how the system works. It is done by legal fees. The man involved was called to testify, and as he explained his problem, nobody in his right mind will set himself up to go to a court or a hearing without legal counsel. Bad things can happen to a person who is unprepared or even unfamiliar with the way the game is played. Another old saying is “A man who acts as his own lawyer has a fool for a client.” Nobody in the legal profession or those associated with it disagrees with the concept. Those who are only semi-familiar with the process have had opinions that are worth considering. One is that laws are made by lawyers to benefit lawyers. We know that in the legislative bodies the most common occupation of the legislators is lawyers. That is natural, because lawmakers are supposed to create laws to improve society and some lawyers will say it protects the people. There is some disagreement about the improvement and protection theory. It all started out with Ten Commandments and as society got more complex, so did the laws. Now, many of the Ten Commandment are legally obsolete. Who gets penalties for taking the name of the Lord in vain or making a graven image? When was the last time you heard of a person being arrested for adultery? That is still on the books, but nobody pays attention to it. Cops and the courts could be overloaded if law enforcement would go to Family Court and get reams of evidence. Maybe it is not considered to be that serious, or maybe it is because too many people in high positions would be arrested, many of them being politicians. The scandals make for interesting news and people like to read and hear about who cheated on whose spouse. Perhaps it is because many divorce lawyers make an excellent living with adultery being grounds for divorce, and it makes getting settlements lucrative. If one looks at the law books, there are millions of cases numerated and decisions made. It takes a trained person to understand what the law really means. Many laws contain subjective terms and loopholes that make it necessary for an expert to decipher. Even judges can disagree on points of law. The really unfair part of the process is that in spite of the agreement that laws can be complex and misunderstood, the poor average citizen can unintentionally get into trouble or even arrested because “ignorance of the law is no excuse.” Ask a judge or lawyer sometime about a point of law and see if you get a quick and positive answer. Often, it will be something like, “I will have to check that out.” A law enforcement officer once said that he will arrest the person if he thinks the person committed a crime and let the District Attorney determine if the guy was wrong. Perhaps requiring more detailed training might be considered in the next legislative session. Legislators love to make new laws. They get credit and trophies for doing it. If you go to their legislative offices in Albany and look at the wall, the chances are you will see a picture frame with a copy of a law and a dip pen in it. It is like the hunter who puts up stuffed heads of animals he killed as trophies on his wall. The other motive for making laws is invariably it takes power away from the individual citizens and gives it to the government. People used to be able to own a wrist rocket sling shot, but several years ago an assemblywoman had some kids shoot out a light on her property. They used a slingshot and therefore she got a law passed to make them illegal. Now, that is real power and makes society safer. She got her wall trophy for the new law. Note the sarcasm. Now, getting back to the punishment issue, people have been accused and indicted for crimes they didn’t commit and that was discovered only after a trial. However, the person had to put up bail and a million dollars is not all that unusual for a high profile “crime.” Most people don’t have that kind of money available and put up a bail bond where the usual fee is ten percent. Then there is the reality of legal fees that can run into six or seven figures. Let’s say that the trial ended well for the accused and he was found by a jury that he was not guilty. He is free to go, but he had to liquidate his assets and file for bankruptcy. Those in the system will say something like: “Too bad he had to go through that, but he shouldn’t complain because he got a fair trial.” We are told we have the best system in the world when it comes to laws and justice. Everything is relative and the question is “compared to what?” Of course there are countries where you are not considered “innocent until proved guilty” as our system is supposed to be, but the recent witch hunt that was just concluded, showed no evidence of collusion with Russia, so we should know better. From ruined reputations and loss of money and property, the charges alone were enough to equate the results as devastating as a conviction. We may have the best system of laws in the world, but it is obvious that it needs to be overhauled and make “equality under the law” more than a slogan. This could be a good issue for the 2020 elections. It could affect us more than some of the liberal leftist progressive programs. Beware! -30-

New Yorkisstan Firearms Ban and ELECTED Officials write letters.

I spent 32 years in NY as an officer in several firearms related groups. IMPO: What a waste of time, all these letters are. It is another side topic to keep local politicians in office. You guys will vote for the same people who over the last 30 years did nothing to stop Albany's onslaught of firearms restrictions. 10-15 years ago you couldn't get a local Sheriff to show support for the 2nd amendment verbally much less in writing. and NYS restrictive laws. You could have every gun group and gun club endorse another letter and still the FUDD's would vote for another Obama,Cuomo ,#LooserHillary,Gillibrand. If the state threw $$$ at a county for the firearms ban laws, they'd trip over each other to get to the cash. For 3 decades the locals always blamed Albany for local politicians actions. Said our hands are tied call your legislator if you want change. The Albany criminals were elected cause NY FUDD's refuse to come out to vote. You guys need to clean house on the local level even if it means removing a fence sitting relative from elected office. So the Sheriff and his people will not arrest you. The state will & we all know if a Deputy pulls over a car and the State Trooper hears the call they will show up as well. Same hook-line & sinker different bait. Regards BPB