In what is a gross violation of both the 4th and 2nd Amendments, the state of New York has confiscated the handguns of a Navy Veteran and former police officer after he sought medical help for insomnia.
from Daily Caller:
A veteran of the U.S. Navy and decorated retired police detective is suing New York Gov. Andrew Cuomo and other state officials for infringing on his constitutional rights after his pistol permit and four handguns were confiscated after he voluntarily sought hospital treatment for insomnia.
Donald Montgomery filed the lawsuit in U.S. District Court for the Western District of New York in Rochester on Dec. 17.
He alleges that his constitutional rights were violated by New York’s SAFE Act — a law Cuomo signed in Jan. 2013 that is considered one of the toughest gun control laws in the U.S.
Montgomery’s woes began on May 6 when he sought treatment from his primary care physician for insomnia, which he said he had been experiencing following a move from another state.
Montgomery and his wife had moved from several hundred miles away in order to be closer to their adult child and grandchild. The move involved the purchase of a new home and the sale of an old one, Montgomery’s complaint states.
Several days after his initial doctor visit, Montgomery went to the emergency room at Eastern Long Island Hospital, still complaining of insomnia.
Staff there diagnosed Montgomery with “Depression; Insomnia” and he was prescribed medication and told to report back to his primary care physician if symptoms worsened over the next several days.
Montgomery went back to the hospital on May 23 with the same complaint. He stayed at the facility for 48 hours.
Though Montgomery voluntarily sought treatment, he alleges in the suit that staff at the facility erroneously listed him as an involuntary admission — a designation that appears to have put the SAFE Act’s wheels in motion.
The SAFE Act created a new section under New York’s Mental Hygiene Law which requires mental health professionals to report individuals who are deemed threats to others or to themselves to mental health directors who in turn report serious threats to the department of criminal justice services.
But none of the records or diagnoses from Montgomery’s hospital visits support that criteria, the suit claims.
“Nurse’s notes” from Montgomery’s stay show no documentation of mental health issues.
“Patient has no thoughts of hurting himself. Patient has no thoughts of hurting others. Patient is not having suicidal thoughts. Patient is not having homicidal thoughts,” the notes read.
A psychological assessment labeled him “mildly depressed,” but otherwise determined “there is no evidence of any psychotic processes, mania, or OCD symptoms.”
“Insight, judgment, and impulse control are good,” the assessment reads.
How does this not run afoul of Federal laws protecting a patient’s private medical records?
Yet another reason not to ever live in New York.