Updated: Tuesday, 09 Apr 2013, 6:49 PM EDTPublished : Tuesday, 09 Apr 2013, 6:49 PM EDT
AMHERST, N.Y. (WIVB) - The NYS SAFE Act is billed as a necessary law to protect the public and keep guns out of the hands of the wrong people.
But Hamburg attorney Jim Tresmond says his client was notified by letter that his gun permit was suspended upon the recommendation of State Police, who learned the man is on anti-anxiety medication.
"Claiming that he had taken some psychotropic medications, and that he no longer could be eligible for the pistol permit," Tresmond said.
The permit holder lives in Amherst and Tresmond accompanied the man as he turned in his seven handguns used for target-shooting to Amherst Police.
"A law-abiding, honest, hard working professional, who never had one wit of scandal associated with him, criminal or otherwise. And they took his guns away," Tresmond said.
Tresmond is one of the attorneys already suing the state over passage of the SAFE ACT, which at the time was the toughest gun control law in the country.
Tresmond says his client once took a prescribed medication for his anxiety but he is not mentally ill. The Amherst man ended his prescription use within the last year.
"He is a law-abiding citizen, no record. He is a stellar member of the community, I would say. Not an ex-felon. He is one of the nicest young men I have met in a long time," Tresmond said.
Officials confirmed state law permits the suspension of a gun permit before the permit holder even gets a chance to state their case.
We have not been able to reach State Police to comment on this case but we do know Erie County officials have only taken action against one pistol permit holder on mental health grounds since the SAFE Act was passed last month.