Donald Montgomery, a Navy veteran and a retired police detective has filed a lawsuit against the State of New York claiming that the new SAFE Act went too far when New York State used it to confiscate his firearms, according to the Daily Caller;
Montgomery’s woes began on May 6 when he sought treatment from his primary care physician for insomnia, which he said he had been experiencing following a move from another state.
[…]
Staff there diagnosed Montgomery with “Depression; Insomnia” and he was prescribed medication and told to report back to his primary care physician if symptoms worsened over the next several days.
Montgomery went back to the hospital on May 23 with the same complaint. He stayed at the facility for 48 hours.
Though Montgomery voluntarily sought treatment, he alleges in the suit that staff at the facility erroneously listed him as an involuntary admission — a designation that appears to have put the SAFE Act’s wheels in motion.
A clerical error, a checked box, cost Montgomery his constitutional rights.
“Nurse’s notes” from Montgomery’s stay show no documentation of mental health issues.
“Patient has no thoughts of hurting himself. Patient has no thoughts of hurting others. Patient is not having suicidal thoughts. Patient is not having homicidal thoughts,” the notes read.
A psychological assessment labeled him “mildly depressed,” but otherwise determined “there is no evidence of any psychotic processes, mania, or OCD symptoms.”
The SAFE Act is so tightly wired that a little insomnia triggered the loss of Constitutional rights for a vet/cop. I guess taking guns from people is more important than giving people who need help a little breathing room.
Saw this story on the Blaze yesterday. I figured you’d get here quickly as well. This is the bull shit that pushed me to get active in protecting the 2nd Amendment.
Good example of why mental history should not be used to determine issues such as voter eligibility and even firearms.
Tom, there is mental history and then there is mental history. Having witnessed voters first-hand at polls since 1998, some were mentally not qualified to make a sound decision or even understand the process. Same with firearms, there are some that should not possess one. The problem is all of the knee jerk liberal ass physicians who overreact because they are worried about being sued by a victim’s family if they don’t error on the side of stupidity.
Well, I hate to say I told ya so . . . but I raised a warning flag on this kind of crap close to two years ago.
https://www.azuse.cloud/?p=34532
A lot of us said this would happen.
True. I just did so in a prior article here at TAH. I though that article was pertinent to the discussion here and worth mentioning.
I agree.
The anti-gunners lie to get their way and the low information types try to reason “that would never happen, you’re just being paranoid” in order to soothe themselves into believing that the government has only our best interests in mind.
The libs know exactly what they are doing and were pressing for this for years. They now have more reason to confiscate firearms from anyone that has ever taken a Xanax.
They just lie about it up front.
These are not nice people, like Jay Weber on WISN says they are scummy, scummy people and do not deserve any recognition of their “good intentions” This is exactly what they want.
Think you meant “they want to confiscate all firearms from everyone”.
Today’s anti-gun liberals would have been referred to as ” Good Loyal Citizens” back in Nazi Germany, they’re what Vladimir Lenin referred to as “useful idiots”!!
There’s an Internet meme I saw a while back. It oversimplifies the underhanded and insidious nature of the Nazis’ firearm registration/confiscation, but the basic premise holds true. It says:
I saw a movie once in which only the police and the military had guns. Yeah, it was called “Schindler’s List.”
SAFE Act is just one example…what the Dems have done to NYS is a crime. It’s a shame to see upstate crumble. Grew up there, but will never return to live.
First of all, if he felt ‘depressed’ following a move from one place to another, it could simply be extreme fatigue, which will also cause a loss of sleep.
The real solution to that is to take a few days to NOT follow your normal routine and just goof off. Turn off the phone, do not watch TV, do not listen to the radio, just put your feet up and goof off. And if you can’t sleep in spite of that, a good glass of wine will make almost anyone dopey.
I was exhausted after I moved into my house and took a couple of days off following the move, to inclue a long weekend, to do just that — goof off.
Unless it’s gone on for 2 or 3 weeks, sleeplessness after a disruption like that is normal. It wears off after a while, and taking precription drugs makes it worse, not better.
I hope he wins this lawsuit and I also hope that the hospital pays through the nose for this, too.
Shades of Communist Soviet era psychiatry!
Got a sniffle? Go to the doctor, and then immediately to the “hospital”, never to be heard from again. WHy? Everyone KNOWS that only enemies of The People’s Republic get sniffles!
On a semi-related note, this type of BS will stop people who highly value their rights from going to any type of hospital for any kind of doctor’s help.
During my routine medical appointments at Bethesda, I am constantly asked whether I am depressed, have suicidal thoughts or have access to firearms. Not sure what any of that has to do with high blood pressures, but I am not a doctor, nor do I play one on television.
Those are the first words I hear from the VA nurse when I go in for appointments. Although in thier defense it’s legitimate based on my disabilities. 🙂
My response any questions about weapons in my house is this statement.
“Any ranged, edged, or blunt weapons that may be stored in any location that I may reside at, either on a short or a long term basis, are stored in accordance with any applicable local, state, and federal laws.
Furthermore, any of the above mentioned weapons are intended for use in a manner in accordance with any applicable local, state, or federal laws.”
It kinda pisses off my primary care manager a little, but there is nothing that he can do about it.
Glad I left the People’s Republic of New York. They do EVERYTHING ass backwards in regards to, well, everything. Especially concealed carry permits, not to mention NYS interpretation of Title 18 sub section 926b (LEOSA): If you’re an active, off duty, out of state law enforcement officer carrying concealed in the state you can still be arrested for felony possession of a firearm. The state looks at the federal law as an “affirmative defense”. Meaning you can be in total compliance with the law, but they’ll arrest you anyways and you can plead your case in court. I figure when they get sued for false arrest enough times they’ll pull their heads out of their asses, but I’m not holding my breath.
Redacted1775: excuse me, but it’s NOT the “People’s Republic of New York”.
The correct title is “New York Soviet Socialist Republic” – or NY-SSR for short. MA and MD are the east coast People’s Republics.
Haven’t figure out yet if VT is a Soviet Socialist Republic, a People’s Republic, or an Unaligned Marxist State. Hell, maybe it’s just the Land that Time (and Common Sense) Forgot.
Eh, I’ve seen NYS referred to using all of the above, PR just happens to be what came to mind (still on my first cup of coffee). Whatever name it’s called, it isn’t good.
Just kidding around, Redacted. All are loathsome epithets, not honorable nicknames.
Unfortunately, all are apropos for the locations mentioned – plus a number of others.
If it’s a Northeast Kingdom state with yuppies living in it, it becomes a SSR state, period.
Nice. How much you wanna bet that New York LEOs still carry concealed when they’re off-duty out of state?
Wonder what would happen if the other states started selectively applying the same (e.g., non-recognition of NY concealed permits and making CC permit violations an affirmative defense to be raised at trial) to traveling NY cops. Oh, and that means including the Governor’s (and other NY state/local govt officials’) protective details? (smile)
It’s an aggravating subject. NY state does not honor CC permits from any other state. North Carolina, for example (and because it’s my adopted state), honors permits from all 50. If only someone could explain to NYS officials that disarming law abiding citizens by turning them into criminals does nothing to stop crime.
I know that NYC doesn’t offer CCW permit reciprocity, Redacted. So NY LEOs currently have the “best of both worlds” – they aren’t inconvenienced when traveling by their state’s libidiot way of thinking. Ergo, there’s no reason for them to think that any other way is better.
However, they might well start thinking differently if someone rubbed their nose in reality by saying, “Well, if NY won’t reciprocate – neither will we. Instead, we’ll treat you just like you treat our LEOs when they visit NY. Now, remove your weapons and put them in a locked box – you can’t carry them concealed here. And if you do, we’ll arrest your azz and let the courts sort it out.”
I’m thinking a few instances of that happening to the NY Governor’s protective detail might get changes in interpretation of NY state law implemented real quickly.
I have mets cops who are OK with CCWs… but in honesty I have NEVER met a cop who doesn’t feel that any cop anywhere is probably more proficient, judicious, and deliberate in their use of firearms than any citizen, regardless of what objective evidence indicates.
Good point, I’m guessing they do so without issue seeing most other states take the federal law at face value without adding their own twisted, misguided interpretation.
But, but, but, but…the New York dems said that police officers are the only ones who should be allowed to have guns! But their law just took a cop’s guns away! How did that happen?
It’s stupidity like this that causes troops to distrust the mental health programs offered to them by the services and the VA. They then suffer. It’s a hell of a choice, suffer, or lose the very constitutional rights you served to protect.
I always answer those queries truthfully.
Why? If you’re not seeking treatment for a mental health issue, why should any healthcare provider ask intrusive questions about weapons access and depression?
It’s obvious that liberals want everyone but the Government and criminals armed, which makes law-abiding people into victims that are dependent on the State!
What state did he move there from? I wonder if being retired law enforcement had him thinking he was safe from “all those restrictions”.
And exactly how do you suppose the State of New York knew Mr. Montgomery had firearms in the first place?
Need to re-think the “Registration won’t be used for confiscation.” meme the libtards love to spout.
Have you read the article about Buffalo PD confiscating firearms from the recently deceased? What a hell of a “loophole”.
Use what I tell he VA. The VA no longer asks me about sucide. I told the VA , if my relatives hear that I killed myself then look for who murdered me. The push is about all the servicemen taking their lives. The push on the SHARP prog. Makes them feel good because they are doing something. Joe
Dear NY State,
Please attempt aerial fornication with a rotationally transiting toroidal pastry.
Sincerely,
The Citizens