Non-Gun Question About NYS Gun Law

January 18th, 2013 at 11:20:44 PM permalink
Face
Member since: Oct 24, 2012
Threads: 61
Posts: 3941
There's much of Cuomo's bill I don't like (I know, you're shocked =p), but a few things in there bother me on a different level.

One of the laws in the bill requires a mental health professional to report to the state if said professional has a patient who makes "a credible threat of gun violence". This is one of the things in the bill I didn't have a problem with, but then there's the whole doctor/patient confidentiality thing. I'm just wondering how everyone feels about this, maybe a little discussion will help me out.

One other thing that's been bugging me is that after that famous "listing of gun owners" that a downstate newspaper pulled, a law in the bill "protects the privacy" of gun owners and makes it illegal for a paper to again post a listing of gun owners. Now, as a gun owner, I don't want to be listed. I don't want the possibility of being hassled, I don't want to be targeted in a public SD scenario, I don't want a burglar coming to my house "extra prepared", and I don't want my home targeted for my thousands of dollars in toys. But what about the 1st? As gun permits are a govenment doc, aren't they covered under Freedom of Info? And doesn't a paper have the right to post it? It's one of those scenarios where the result is something I want (privacy), but I'm still pissed about it because of the way it's come about. Does this seem like a reasonable law, or are they just raping as much of the Constitution as they can?
Be bold and risk defeat, or be cautious and encourage it.
January 19th, 2013 at 3:35:49 PM permalink
whatme
Member since: Oct 24, 2012
Threads: 0
Posts: 21
Quote: Face
There's much of Cuomo's bill I don't like (I know, you're shocked =p), but a few things in there bother me on a different level.

One of the laws in the bill requires a mental health professional to report to the state if said professional has a patient who makes "a credible threat of gun violence". This is one of the things in the bill I didn't have a problem with, but then there's the whole doctor/patient confidentiality thing. I'm just wondering how everyone feels about this, maybe a little discussion will help me out.


What any attorney or mental health expert can tell you is you have no right to privacy when it comes to "credible threat". In fact not only is there is no confidentiality the attorney or mental health expert can be criminally charged for not going to the cops. The key is what is a "credible threat". This is where the confusion comes in.

Talk to your attorney for any legal advice.
January 19th, 2013 at 3:45:09 PM permalink
Face
Member since: Oct 24, 2012
Threads: 61
Posts: 3941
Quote: whatme
Talk to your attorney for any legal advice.


Internet forums are my attorney =) I never got the fancy book learnin' to afford a lawyer for every little thing. I'm also 0-1 in defending myself in trial...

But if what you said was true, why would it have been put into law just now? I thought as far as doctor/patient goes, it was all confidential?
Be bold and risk defeat, or be cautious and encourage it.
January 19th, 2013 at 5:02:41 PM permalink
whatme
Member since: Oct 24, 2012
Threads: 0
Posts: 21
Face,

You can find cheap lawyers.

In terms of doctors your medical is confidential you are not. What I mean is if any Doc. believes you are a danger to others they must report it.

What I understand the bill does is have mental health report to the STATE, keep in mind I said they must report to "COPS".
January 19th, 2013 at 5:33:04 PM permalink
Face
Member since: Oct 24, 2012
Threads: 61
Posts: 3941
Quote: whatme
You can find cheap lawyers.


Understood. But this isn't something that greatly concerned me or would affect my day to day. It might not even affect me ever. It's just a discussion topic. Thanks for participating =)

Quote: whatme
In terms of doctors your medical is confidential you are not. What I mean is if any Doc. believes you are a danger to others they must report it.


Ah, that makes sense. Yeah, that's not so bad. Seems like if you were psycho, they could tell on you for threatening to kill a person, but couldn't divulge that you were schizo, or manic, or whatever mental issue you were going through. Works for me.

And yes, it says "...to the STATE". Which would then go to the gun clerk, then to the State Police, who would come take your piece. I think I'm ok with that.
Be bold and risk defeat, or be cautious and encourage it.