New York Residents Fall Into NYSafeAct Trap

By John Farnam

Ny Safe Act Mental Gun Ban Confiscation
New York Residents Fall Into NYSafeAct Trap
Defense Training International, Inc
Defense Training International, Inc

Ft Collins, CO –-(Ammoland.com)- Trap set by NY’s infamous “Safe Act” rebuked by State Court:

A NY resident, duly licence 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!

/John

About John Farnam & Defense Training International, Inc
As a defensive weapons and tactics instructor John Farnam will urge you, based on your own beliefs, to make up your mind in advance as to what you would do when faced with an imminent and unlawful lethal threat. You should, of course, also decide what preparations you should make in advance, if any. Defense Training International wants to make sure that their students fully understand the physical, legal, psychological, and societal consequences of their actions or inactions.

It is our duty to make you aware of certain unpleasant physical realities intrinsic to the Planet Earth. Mr Farnam is happy to be your counselor and advisor. Visit: www.defense-training.com

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Farmer

Mr. Charles ….. I am not sure what you are referring to ….. the 4473 was last modified in 2012. The only requirement for FFLs to “file” is to keep the completed forms in their permanent records.

MR. CHARLES

The BATFE Form 4473 (Purchase of a Firearm) was or has been reformed as well with some question worded by some same bureaucracy nut jobs just like NYC highly paid employees. Take a look at it for yourself and the now 6 page form must be filed by the FFL dealer. What a mess. Hopefully, a case will be brought before a Judge that will rule some of it unconstitutional as well.

Zeugmeister

The requirement to fill out a form, thus having to ask the State permission to exercise a right is, in and of itself, unconstitutional. No other Constitutionally-guaranteed right is treated like the 2A. No other such right requires, by (unconstitutional) law, that you ask permission and pay a fee to exercise that right. Imagine the outcry from left-wingers if you had to fill out a form under penalty of perjury and pay a fee in order to vote, or publish a youtube video, etc.

Farmer

or perhaps “requisite”

Mike Murray

Hopelessly in debt… a virtually endless array of bloated bureaucracies, staffed by highly-paid employees who every day desperately try to justify their existence… via gratuitous harassment of innocent citizens… through “enforcement,”… insufferable, incomprehensible, poorly-written legislation… providing the opportunity to “lord-it-over” what are supposed to be sovereign citizens.
THIS DESCRIBES GOVERNMENT AT EVERY LEVEL- CITY, COUNTY, STATE, AND FEDERAL.

Wild Bill

@Jared, 42 USC 1983 and the Equal Access to Justice Act, too! Merry Christmas.

Jared

Anytime a court finds that the government violates your constitutional rights as an American citizen, you should automatically be reimbursed for all loses incurred by having to fight to have them restored! That would make some of them think twice. But…..that’ll never happen.

Jim Macklin

The premise of the law makes perfect sense. Anyone who lives in NY must be crazy!

In the old Soviet Union [ USSR ] dissidents were routinely sent to “mental institutions” for education. I guess that NY will soon stop taking the Koolaid and the people will wake up and vote the socialists/communists out of office.

Eric_CA

“The court caustically scolded the State, indicating that the form itself is atrociously flawed and actually encourages such unjust inaccuracies.”

I find it reassuring that the judge saw right through the flaws. If only more judges were like this.

Tionico

Too baad the judge, who did mostly right, did not complete the job and ORDER the hospital and/or State to pay ALL legal costs of the plaintiff in getting her rights restored. SHE suffered the loss of those funds due to gummit incompetence (pardon the redundancy here…) and was thus harmed further. Some recompense for her denial of a basic right should also be under consideration.

Eric_CA

It’s possible after the decision was made the Attorney filed to recover legal fees.

Gene Ralno

New York is becoming more oppressive every day. But firearms owners already have given their response to the SAFE Act. Last I heard, about a million firearms owners have refused to comply and made it clear that any New Yorker who admits to possession is a fool. Under the 5th Amendment, nobody — NOBODY — can compel one to admit possession. Firearms owners everywhere are following that lead. What I don’t understand about this article was the use of “requiem” in conjunction with a SAFE Act report. The term “requiem” usually means “…any musical service, hymn, or dirge for the… Read more »

Eric_CA

I was wondering the same thing. I even looked up “requiem.”

Charon

I am sure the word was “required” and autocorrect inserted “requiem”.

Gene Ralno

I thought about that but discarded the notion because it was used twice. It’s unimportant and I’m done with it.

Laddyboy

Since the State’s procedures are wrong, The State caused this inappropriate action against a LEGAL LAW ABIDING INDIVIDUAL. Therefore, the State MUST be made to refund ALL of the expenses incurred to straighten out this fiasco to those individuals waylaid by the State’s own ineptness.

Joe

I wonder if the permit holder was asked if they owned guns, or had access to guns, or had guns in their home, etc? The answer, on anything but an official law enforcement form where one is obligated to tell the truth under threat of perjury, should always be “NO”. Since the hospital questioner has no authority to compel honesty, the gun owner is not obligated to tell the truth. Don’t reveal what you don’t have to. It is similar to “open carry”. Why give your adversary the tactical advantage? Keep your information to yourself, hidden except where it benefits… Read more »

MB

New York is a fancy version of a liberal cesspool, 70% minorities, 40% welfare, 20% immigrant non Americans, and 100% a drain on the rest of the country. Liberalism is a severe form of insanity, one that is hard to cure.

Jim

Sounds exactly like California.

Eric_CA

Bill O’Reilly compared the two states recently.

DrSique

You seem to have New York State confused with NYC. Most of the state is still red but the number of liberal voters in NYC and a couple of other smaller urban areas overwhelmingly vote for progressive democrats and the rest of us have to live with the outcome. The same problem is occurring in Virginia as the DC suburbs sprawl out disseminating liberalism. The percentage of the vote that Trump received in DC was in the single digits. Seems that not many want their apple cart rocked. Those collecting a government paycheck for almost nothing are only marginally better… Read more »

Gene Ralno

Correct you are. And as a matter of fact that’s a phenomenon now trending in every state. Even Texas conservatism is being pushed around by leftists in Houston, Dallas, San Antonio and Austin. If non-city voters aren’t politically separated soon, they’ll be relegated to colonies and we’ll experience the 2nd American Revolution.

D. Murphy

There is no end to what the Democratic mind can dream up to advance their vision of Utopia.

Caotain Witold Pilecki

To those that blame firearm abusing mass murdering nut jobs on “problems with our mental health system”, I say be careful what you wish for. While we would all like to keep weapons out of the hands of those that are not mentally capable of handling them, opening that door could be a liberal gun-grabbers wet dream. All you have to do is declare EVERYTHING a mental health issue, and VOILA, new restrictions on your rights. This would need to be very clearly and narrowly defined to truly dangerous mental conditions. Not someone suffering from insomnia. Not a veteran that… Read more »

Tionico

remember back to when things like homosexuality, polygamy, paedophilia, bulemia, ADHD and related, were all considered “mental conditions”? Any of these, were those determinations still considered “accurate” would, uncer NY’s “Safe Act” rules disarm anyone who falls under any of these and many other “conditions:.

Laddyboy

ADHD was not a reason to restrict ownership of a weapon. This is a new politically issued reference to remove Law Abiding Americans their RIGHTS.

Libertarian

The key is to keep “adjudicated” as in the current laws. There is a WORLD of difference between a court finding someone mentally incompetent or defective versus some nurse in an ER checking a box on a form. The left wants to make it trivial to remove someone’s rights and arduous to restore them. We cannot accept anything like that.