9 Dec 16
Trap set by NY’s infamous “Safe Act” rebuked by State Court:
A NY resident, duly licenced 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.
There is a check-box on the state form:
“Adjudicated mentally defective/committed to a mental institution”
On the form, there is no other check-box between that, and “normal.”
In these cases, many hospitals (expressing their own anti-gun agenda) automatically put a check-mark in that box. That is what happened in this case.
When the form, with a check-mark in that box, was received by the NYSP, a more-or-less automatic (and indefinite) suspension was generated. No supporting documents/testimony are required, and none were ever provided.
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.
One reason NY is hopelessly in debt is that the state supports a virtually endless array of bloated bureaucracies, staffed by highly-paid state employees who every day desperately try to justify their existence!
And, they do it via gratuitous harassment of innocent citizens, as illustrated above. What better way than through “enforcement,” is insufferable, incomprehensible, poorly-written legislation will politicians and bureaucrats have the opportunity to “lord-it-over” what are supposed to be sovereign citizens?
While ambiguous anti-gun legislation somehow never applies to the politicians who wrote it (as with Social Security and Obamacare, they ALWAYS exempt themselves), it is arbitrarily enforced against innocent citizens in a transparent effort to make legal gun-ownership all but impossible.
The negative effect of cases like the foregoing is to deter citizens from seeking mental-health care/counseling. Even seeing a marriage councilor may get your pistol-permit suspended!
NY citizens must do all such consulting on the sly, go to another state, or risk being precipitously disarmed, maybe thrown in jail!
It’s not that NY liberals “don’t like guns.” They just don like your guns. Theirs are apparently just fine!
Once again, the foregoing reeks of hypocrisy and arbitrary power, a liberal hallmark!
This is exactly what our Founders were afraid of!