New York Woman Files Suit for Due Process when Denied Second Amendment Rights

ammoland ^ | 27 December, 2016 | Dean Weingarten

[marktwain]

On April 7, 2015, Donna L. McKay voluntarily admitted herself into mental health unit at the Soldiers and Sailors Memorial Hospital in Penn Yan, NY, for a variety of reasons, including taking some newly prescribed prescription medication and anxiety due to recent events that raised the stress level in her life. A doctor had suggested the possibility of a voluntary admission in the event of another panic attack. Some time after her admission, the treating physician, Dr. Marino, made an online report in compliance with the infamous “SAFE” act.

According to Dr. Marino, the online report did not state that Donna McKay was mentally defective, or that she had been involuntarily committed.On April 13, 2015, the State Police sent a letter to Donna McKay stating that her pistol license, which she had possessed since 2008, was suspended, because of mental incompetence or involuntary commitment. All her firearms, including rifles and shotguns, had to be turned over to the Sheriff’s department for safekeeping while the matter was being adjudicated.

A date of 19 May was set for McKay to appear to respond to the letter. The letter did not state the basis for the ruling. She appeared with counsel on 19 May. Over a year later, on 7 June, 2016, Donna McKay’s pistol permit was ordered restored, and her firearms ordered returned. The routine report from her doctor had been the cause of the State infringing on her Second Amendment rights. In the court decision, the court noted that the state had considerable discretion when deciding whether a person should be allowed to exercise their Second Amendment rights. From justia.com:

A pistol license may be revoked and cancelled “for any good cause” [see, Mtr of Vale v Eidens, 290 AD2d 612, 613 (3rd Dept 2002)] at any time if the court determines that a licensee is no longer eligible or fit to continue to possess a firearm. PL §400.00(1) (n). This could include an inability to possess a pistol license due to mental illness (P.L. §400.00(1)(i), having been involuntarily committed to a mental health facility [P. L. §400.00(1)(j)] or having a guardian appointed for her [P. L. §400.00(1)(m)].

[marktwain]

The New York system assumed Donna McKay was not elegible to exercise her rights until she proved it to their satisfaction.

[marktwain]

Having problems posting. There were nearly 300 words to this excerpt!

[marktwain]

On April 7, 2015, Donna L. McKay voluntarily admitted herself into mental health unit at the Soldiers and Sailors Memorial Hospital in Penn Yan, NY, for a variety of reasons, including taking some newly prescribed prescription medication and anxiety due to recent events that raised the stress level in her life. A doctor had suggested the possibility of a voluntary admission in the event of another panic attack. Some time after her admission, the treating physician, Dr. Marino, made an online report in compliance with the infamous “SAFE” act.
According to Dr. Marino, the online report did not state that Donna McKay was mentally defective, or that she had been involuntarily committed.On April 13, 2015, the State Police sent a letter to Donna McKay stating that her pistol license, which she had possessed since 2008, was suspended, because of mental incompetence or involuntary commitment. All her firearms, including rifles and shotguns, had to be turned over to the Sheriff’s department for safekeeping while the matter was being adjudicated.

[marktwain]

A date of 19 May was set for McKay to appear to respond to the letter. The letter did not state the basis for the ruling. She appeared with counsel on 19 May. Over a year later, on 7 June, 2016, Donna McKay’s pistol permit was ordered restored, and her firearms ordered returned. The routine report from her doctor had been the cause of the State infringing on her Second Amendment rights. In the court decision, the court noted that the state had considerable discretion when deciding whether a person should be allowed to exercise their Second Amendment rights. From justia.com:

A pistol license may be revoked and cancelled “for any good cause” [see, Mtr of Vale v Eidens, 290 AD2d 612, 613 (3rd Dept 2002)] at any time if the court determines that a licensee is no longer eligible or fit to continue to possess a firearm. PL §400.00(1) (n). This could include an inability to possess a pistol license due to mental illness (P.L. §400.00(1)(i), having been involuntarily committed to a mental health facility [P. L. §400.00(1)(j)] or having a guardian appointed for her [P. L. §400.00(1)(m)].

[CGASMIA68]

3rd to last Paragraph is the best

Cumo needs to go and take his A-hole bro from CNN with him

[upchuck]

Reason 212 why I’m glad I don’t live in New York state.

My sympathies to FReepers who do.

[ctdonath2]

“A pistol license may be revoked and cancelled “for any good cause””

This, unfortunately.

An issuing NY judge can revoke a license for any, even no, reason.

The cocaine-trafficking judge who first issued my permit marked 99.9% of permits to wit “if you use this for self defense purposes I’ll revoke it”. This has been held up in NY court.

[Navy Patriot]

You’re crazy if you go to a psychiatrist.

[SkyPilot]

First they went after veterans with mild PTSD symptoms, then social security recipients who had a financial fiduciary. The "end game" is to take away rights piece by piece using any excuse:

- insomnia

- any prescription drug the deem disqualifies you from own a firearm (can be anything)

branded an "extremist" for whatever political or religious views you hold

[oblomov]

There’s nothing wrong with seeing a psychiatrist or psychologist.

One should be careful, though.

If you see one, be sure to discuss the specific diagnosis that the therapist will use for billing purposes.

“Adjustment disorder with depressive symptoms” won’t cause any problems, but “Major depressive disorder with psychotic symptoms” could.

[Navy Patriot]

One should be careful, though.

OK, I'll use your name.

[onedoug]

The Constitution says nothing about licensure or permits.

Eff the gummint!

[Tilted Irish Kilt]

Ping

Permit Denied Without Due Process by New York State

[Bulwyf]

There’s plenty wrong with going to those types of people. They practise a bunch of made of crap. It’s all opinion based. People should see a doctor and then if they still need help, turn to a local pastor who has a solid relationship with Jesus. We need to get rid of these fake degrees and fake practises.

[Bob434]

you don’t even have to go to a psychiatrist to be at risk for losing rights- all you need do is go on psychiatric drugs, anti-depressants and they red flag you- Not long ago Docs in some states were ‘required by law’ to ask “Do you feel suicidal? Do you own a gun? Is it in your home?”

[oblomov]

Sure, there are many phony practitioners and outright frauds, who want to foster dependency in their unfortunate “patients”. But mental illness is real, and even people with good intentions and great faith can suffer from it.

Not all therapeutic approaches are BS. For example, cognitive behavioral therapy (CBT) is based on the principle of neuroplasticity, which has been rigorously established over the past 20-30 years. Our thoughts and behaviors change our physical mental structure over time.

There is no ideology or system behind this approach, nothing that intends to rationalize our moral impulses and supplant religious faith as Freud did.

Self knowledge is the most powerful kind of knowledge in my view. Sometimes our painful experiences and preferences can prevent us from gaining it.

[Stanwood_Dave]

Gee here's a funny picture, wonder if it's still valid.

end