Posted at: 04/11/2013 6:55 AM
Updated at: 04/11/2013 7:43 AM
A Buffalo man, told to surrender his guns and pistol permit under the New York Safe Act, will have his guns returned to him.
The Erie County Clerk says it was a mistake by State Police.
David Lewis, 35, received a letter from the County Clerk's Office stating that he must surrender his handguns and pistol permit to police. His attorney says it was because of the mental health provision in the Safe Act.
Lewis had been prescribed an anti-anxiety medication and someone mistakenly thought that fell under reportable information in the new law.
Now the Erie County Clerk says he feels state police are trying to pin their mistake on his office. Chris Jacobs said, “They were the ones that gave us the information. We're not privy to any of that mental health information that they had and that's what they acted on to send this dictate down to us."
Davis’ attorney James Tresmond said, “It's negligence on either the State Police or Erie County Clerk's Office. Someone was negligent if my client has been put through this ringer."
News10NBC is told Lewis will still have to go to a hearing in front of a judge to get those guns back.
In the meantime, his attorney says he plans to file a lawsuit against the state in federal court.