Man's Guns Being Returned

April 11, 2013 Updated Apr 11, 2013 at 7:53 AM EDT

By WKBW News

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April 11, 2013 Updated Apr 11, 2013 at 7:53 AM EDT

Amherst, N.Y. (WKBW) - A fall out continues after a man had his pistol permit wrongly taken from him under New York's Safe Act. The Erie County Clerk's office is blaming the State Police and Division of Criminal Justice for the mistake.

County Clerk Chris Jacobs said he found out about his blunder late Wednesday, in a call from State Police. He said police gave him mental health information for the wrong person. This mistake led to the improper suspension of the 34-year-old man's pistol permit.

This story surfaced earlier this week when that man's attorney James Tresmond prepared to sue the state. He said the move violated his client's 4th and 5th amendment rights, along with the medical privacy laws.

"It's really disconcerting that if your doctor prescribes a psychotropic drug because of mild depression or a tragic event then they ask for your gun license to be revoked," Tresmond said.

Tresmond initially thought his client, who did not want to be identified, has his permits pulled for anti-anxiety medication he was prescribed. Again, the whole ordeal was a mistake.

Jacobs plans to meet with the judge overseeing this case. He is asking for this man's guns to be returned.

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