NY Gun Confiscation From Medical Diagnosis

[RoyGBiv]

The article lacks any details as to what exactly was the diagnosis of the gun owner's medical condition. We don't know if he was/is out of control or just suffering from a mild depression. However, it's worth noting the chilling effect this will have on gun owners seeking medical attention for any disorder remotely related to anything that could be interpreted as "psychological".

http://www.theblaze.com/stories/2013...on-being-used/

In our conversation with lawyer Jim Tresmond, we learned that this client, who has never had a problem with the law — no criminal record and or violent incidents on record — did have a temporary, short term health issue that required medication. But how were his client’s private medical information accessed by the government? This appears to be a violation of HIPAA and Health Information Privacy policies at HHS.gov. If it is declared a violation, this becomes a civil rights issue.

Some claim that a broad interpretation of this statement from HIPAA might allow the government to have instant access to the medical records and gun ownership records of anyone who is prescribed psychotropic drugs.

A major goal of the Privacy Rule is to assure that individuals’ health information is properly protected while allowing the flow of health information needed to provide and promote high quality health care and to protect the public’s health and well being.

That short phrase, “protect the public’s health and well being” is probably going to be cited as the reason governments can require notification of any gun owner who is prescribed a class of drugs used to treat Depression and Anxiety known as SSRI ( Selective Serotonin Reuptake Inhibitors).

[BaiHu]

They have our best interests at heart, Roy, give 'em a break

[ToddG]

They have our best interests at heart, Roy, give 'em a break

That's just crazy talk!

Uh-oh...

[hufnagel]

The logical and reasonable part of me says, if someone is smart enough to know they need to see a doctor, and knows they need help with a mental issue, they should be allowed to voluntarily place their firearms in safe/secure storage until such time they are discharged from care. There should be no stigma, no massive paperwork, no horrific restrictions to reclaim their property. Why can't we live in that world?

[BaiHu]

The logical and reasonable part of me says, if someone is smart enough to know they need to see a doctor, and knows they need help with a mental issue, they should be allowed to voluntarily place their firearms in safe/secure storage until such time they are discharged from care. There should be no stigma, no massive paperwork, no horrific restrictions to reclaim their property. Why can't we live in that world?

Because in THAT world, the individual has too much control

Sent from my SCH-I535 using Tapatalk 2

[hufnagel]

Damn. I knew it had something to do with the Constitution. (Life, LIBERTY, pursuit of happiness.)

[Jay]

This is such a huge HIPPA violation, the payday that will result from figuring out who or what released his prescription records should provide this individual with enough of a windfall to easily re-locate to a free state.

[RoyGBiv]

This is such a huge HIPPA violation, the payday that will result from figuring out who or what released his prescription records should provide this individual with enough of a windfall to easily re-locate to a free state.

The courts will eventually decide, unless it's settled beforehand.

Rhetorical Question #1:
I wonder if the ACLU will take up his case, or will he continue to have to pay his own lawyer to defend his right to due process and HIPPA privacy.?

Rhetorical Question #2:
Is there not a single lawyer among the NY legislature that understood this provision (Section 9.46, see below) is contradictory to Federal law?

http://open.nysenate.gov/legislation/bill/s2230-2013

Provisions Related to Persons with Mental Illness

Amendments to the Mental Hygiene Law will help ensure that persons who
are mentally ill and dangerous cannot retain or obtain a firearm.
First, mental health records that are currently sent to NIDCS for a
federal background check will also be housed in a New York State
database. A new Section 9.46 of the Mental Hygiene Law will require
mental health professionals, in the exercise of reasonable
professional judgment, to report if an individual they are treating is
likely to engage in conduct that will cause serious harm to him- or
herself or others. A good faith decision about whether to report will
not be a basis for any criminal or civil liability. When a Section
9.46 report is made, the Division of Criminal Justice Services will
determine whether the person possesses a firearms license and, if so,
will notify the appropriate local licensing official, who must suspend
the license. The person's firearms will then be removed.

9.46 Guidance doc (PDF): http://www.omh.ny.gov/omhweb/safe_act/guidance.pdf

a Section 9.46 report requires a clinical
determination that a person’s clinical state creates either: “(a) a substantial risk of
physical harm to the person, as manifested by threats of or attempts at suicide or serious
bodily harm or other conduct demonstrating that the person is dangerous to himself or
herself, or (b) a substantial risk of physical harm to other persons as manifested by
homicidal or other violent behavior which places others in reasonable fear of serious
physical harm.

Seems (details still sketchy, but NYS has already admitted they were wrong) this situation FAILS the 9.46 tests.
Overzealous? Looking to instill fear in the populace?

"Mental Hygiene"

Anger.

[ToddG]

"Mental Hygiene"

Anger.

So it's illegal to have a dirty mind in NY? They may as well just sink Manhattan into the ocean, then...

[Jay]

The strange things about this are,

A) How is this the ONLY individual who got one of these letters "this must of been a broad net to locate an old no longer active prescription"
A-1) Who the hell did this guy piss off?

B) What the hell happens to all the people who have been prescribed MAOI Inhibitors for tobacco cessation, "you know, the ones where Suicidal Thoughts are an acceptable and probable side effect?