Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Neoma

(10,039 posts)
Sun Mar 24, 2013, 11:05 PM Mar 2013

Mental-health officials clash on N.Y. gun law reporting

ALBANY, N.Y. — Psychiatrists, county officials and law enforcement are questioning a portion of New York's new gun-control law that requires them to take steps that could lead to guns being seized from potentially dangerous people.

Since mid-March, New York's Secure Ammunition and Firearms Enforcement Act has required mental health professionals to report when a patient is a potential danger to himself or others.

A county receives the information, decides whether to approve it, and if so sends it to the state for entry into a database. Local law enforcement officials then must suspend or revoke any gun licenses and remove a gun owner's firearms.

More: http://m.usatoday.com/article/news/2011399?articlePage=0
4 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

Neoma

(10,039 posts)
2. I think it'd be on too much of a regular basis on false alarms and then a lack of confidentiality.
Sun Mar 24, 2013, 11:31 PM
Mar 2013

I mean, have you ever heard a depressed person talk? There's a constant, "I feel like shit, why is life worth living? I just want to die and get it over with. Arrrrrgh!"

Neoma

(10,039 posts)
3. Also, in the article...
Sun Mar 24, 2013, 11:37 PM
Mar 2013

The New York State Nurses Association wrote a memo March 13 to Cuomo arguing that the statute violates medical privacy laws and stigmatizes mental illness by linking it to gun violence, creating barriers for those who need treatment.

This is very true.

HereSince1628

(36,063 posts)
4. It sounded like a good idea at the time...keep guns away from dangerous people.
Mon Mar 25, 2013, 08:03 AM
Mar 2013

Apparently the New York law was cobbled together in 24 hours and rushed through the legislature without any hearings that could have involved mental health experts.

It provides no standards for what is dangerous enough, so different therapists will report at different thresholds of concern. Within the law are provisions that protect the therapists from liability if they make a mistake. Uniformity would seem a critically important standard for equal justice.

But, that's exactly the same situation that's existed for many years concerning the disqualification of driver's licenses for mental health reasons. Unfortunately, those laws have stood without challenge, and community acceptance is a consideration in considering the validity of a law.

The SAFE act was put together in a tremendous hurry. Such a rush usually means its language was borrowed/modeled from/on existing law or boiler plate. And indeed, this seems pretty similar to the language and intent of legislation concerning disqualification for DLs on the basis of mental illness.

In Obama's presidential non-orders about gun regulation, he specifically indicates that HIPAA will NOT be a problem. I assume that mean he has directed the DOJ and the many Associate Attorney's General to not prosecute providers who violate the language of HIPAA.


Latest Discussions»Support Forums»Mental Health Information»Mental-health officials c...