Sunday, April 14, 2013

Judge orders guns returned to Amherst man mistakenly identified as violating the SAFE Act
BUFFALO, N.Y. — Thursday, a state Supreme Court Judge ruled guns seized from David Lewis, 35, must be returned to him after he was incorrectly identified as violating the mental health provision of the SAFE Act.

"We know that from the health care agency to the State Police, there was some kind of breach," said Lewis' attorney, Jim Tresmond.

Tresmond says his client was ordered to turn in his weapons last week because he was once on anti-anxiety medication, which is a violation of the SAFE Act. Wednesday, State Police informed the Erie County Clerk's Office that it made a mistake when it said Lewis was in violation of the state's new gun law.

But Tresmond says it was no mistake.

"When they targeted David, they not only targeted him by name, they also targeted him by his pistol permit, so they identified him as David Lewis with this particular pistol permit number on the letter that they sent to him," said Tresmond....