The other day, I told my two sisters (who are on the other side of the aisle from me) that Gov. Cuomo has introduced a totally unconstitutional law: section 9.46 of the Mental Hygiene Laws (NYMHLs), part of the NY SAFE Act. It is unconstitutional, because it permits a so-called “mental health professional" to revoke an individual’s license to own a firearm, based on a subjective assessment of dangerousness by only one person. There does not need to be probable cause – i.e. you do not need to be carrying a weapon, or to have committed any crime, for a mental health professional to revoke your license. The “mental health professional" signing the form does not need to be very experienced; there is nothing in the current NYMHLs preventing a junior doctor or non-physician from revoking your license completely unsupervised. The definition of “mental health professional” under this law includes “a physician, psychologist, registered nurse or licensed clinical social worker”. The Governor’s new law means you could have your gun license confiscated permanently, just because you’re having a bad day, by one inexperienced, vigilante social worker, who doesn’t approve of guns, and who has known you for not more than five minutes. Not only that, but there is no process mentioned in the law for you to ever retrieve your license! Astonishingly, Governor Cuomo says you can’t even sue the individual who revokes your license, so there is no risk involved to that person in taking your license away. Even the police don’t have that kind of immunity. Do you know what my sisters said? "Good, we need more laws like that." I was horrified! Needless to say, neither of them has ever lived overseas, or even traveled much abroad. I think somebody needs a sharp lesson in the importance of due process... Maybe a trip to North Korea would do the trick.
Posted on: Wed, 10 Jul 2013 17:29:00 +0000
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