Anti-Depressants Causing Gun Confiscations In New York
And so it begins…
While we have the President and Mayors Against Illegal Guns campaigning saying that this isn’t about confiscation, and no one is coming after your guns, the facts show a different story. At first we ignored this story believing it to be propaganda, but as The Blaze picked it up, we knew the facts were there. The fact of the matter is:
- Gun owners are losing their 2nd Amendment rights without due process.
- HIPAA Laws are likely being compromised and the 4th and 5th Amendments are being violated in some of these cases
From the looks of it, there is a clause in the NY Safe Act that permits a mandatory confiscation of all firearms if the person in question has been prescribed psychotropic drugs. This can include anti-depressants and anti-anxiety medication.
The Case In Question:
On April 1st, a legal gun owner in upstate New York reportedly received an official notice from the state ordering him to surrender any and all weapons to his local police department. The note said that the person’s permit to own a gun in New York was being suspended as well. The gun owner contacted attorney Jim Tresmond (a specialist in gun laws in New York) and the two visited the local police precinct.
Mr. Tresmond was there to turn represent his client in the voluntary surrender of his weapons as requested by the state police. According to law, if the person who receives the letter from the police does not follow the request, the local police are authorized to go to the person’s house and confiscate the guns.
The Mental Health Law provision of the SAFE Act claims
The NY SAFE Act is designed to remove firearms from those who seek to do harm to themselves or others. This means keeping the minority of individuals with serious mental illness who may be dangerous away from access to firearms. This law should not dissuade any individual from seeking mental health services they need.
The law is clear on what it expects:
MHL 9.46 requires mental health professionals to report to their local director of community services (“DCS”) or his/her designees when, in their reasonable professional judgment, one of their patients is “likely to engage in conduct that would result in serious harm to self or others.”
Basically what this comes down to is that under the NY Safe Act, medical professionals now have the power to claim that a patient is not fit to own guns. Tresmond is fighting to restore his client’s 2nd amendment rights and we will keep you updated on the story as we find out more so please be sure to subscribe to our updates in the top right corner of the site.