The mental health system has been used — as many Second Amendment supporters predicted it would — to attack the constitutional rights of Americans in New York State.
Trap set by NY’s infamous “Safe Act” rebuked by State Court:
A NY resident, duly licence[d] by the State to own and carry a pistol, had her state-issued permit arbitrarily suspended because of a short visit to a hospital.
She was feeling anxious after starting a prescription cold medicine. When she went to an emergency room for a “panic attack,” a requiem Safe Act report triggered an automatic permit suspension.
On the state form, there is a box to check that reads: “Adjudicated mentally defective/committed to a mental institution.” According to Ammoland, there is no third box to check between the aforementioned option and “normal.”
Many hospitals then go ahead to automatically check the “Adjudicated mentally defective/committed to a mental institution,” box which, you guessed it, triggers a permit suspension.
In the case described above, that is what happened. The form goes to the New York State Police, and a nearly automatic permit suspension is ordered — no testimony or documents to support the decision are required and the suspension is reportedly indefinite.
On appeal (at great personal expense), a state court promptly reversed the suspension, stating that it enjoyed no factual basis, in that she went to the hospital voluntarily (she was not “committed”), was never adjudicated “ incompetent,” nor “mentally defective” by any court, nor so described by any doctor, nor was she ever “taken into custody.”
The requiem Safe Act form falsely stated that this person was “adjudicated a mental incompetent and/or was committed,” when facts proved otherwise.
The court caustically scolded the State, indicating that the form itself is atrociously flawed and actually encourages such unjust inaccuracies.
What a convenient way for the anti-Second Amendment crowd to trample on our rights. They put in place ridiculous laws that subvert due process, and are mired in bureaucracy that make it difficult to actually exercise your rights.
This woman fought back and good for her, but how many people wouldn’t or even couldn’t? That’s what the gun grabbers are surely hoping for.
As Ammoland noted, this could also deter people from getting mental help. There are plenty of mental illnesses that shouldn’t bar someone from bearing arms, but ridiculous laws like this could discourage people from getting the help they need.
This is likely how the Left will work to take our guns away. They won’t have to get rid of the Second Amendment; they just need to stop us from being able to exercise it.