A man had his guns confiscated on a crazy pretext.
This is supposedly New York’s attempt at keeping guns out of the “wrong hands.” Under New York’s SAFE Act, medical professionals have to report to police if they believe one of their patients poses harm to himself or others. This particular guy U.S. Navy veteran and retired police officer Donald Montgomery saw his primary doctor voluntarily for insomnia. Not long after, the Suffolk County police were at his door, ready to take his firearms away. Now, he’s suing them. The Blaze reported:
It all started after Montgomery visited his primary care physician on May 6 and complained about trouble sleeping, the Daily Caller reported. He claimed to have been suffering from insomnia since moving from a different state. Montgomery then returned to the hospital again days later for the same problems, except this time he was diagnosed with “Depression; Insomnia” by hospital staff.
On May 23, Montgomery returned to the hospital yet again with the same symptoms. He reportedly stayed at the hospital for 48 hours voluntarily for treatment.
In the lawsuit, filed in U.S. District Court for the Western District of New York earlier this month, Montgomery alleges that his visit was wrongly recorded as an involuntary stay.
Under New York’s SAFE Act, mental health professionals are required to report patients who are determined to be threats to themselves or others. Regardless, the lawsuit claims the veteran was cleared.
“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 hospital notes from the visit allegedly said.
Montgomery was said to be “mildly depressed” by hospital officials, but they found “no evidence of any psychotic processes, mania, or OCD symptoms.” The notes also asserted, “Insight, judgment, and impulse control are good.”
Still, Montgomery’s records were forwarded to Mental Hygiene Legal Service for further review.
Four days after leaving the hospital that last time, the state police sent notice to the Suffolk County PD, telling them that Montgomery “has been adjudicated as a mental defective or has been involuntarily committed to a mental institution,” even though everything was voluntary, and having trouble sleeping hardly constitutes being a “mental defective.” But I’d guess they’d argue that’s “splitting hairs.” They’re only concerned with finding any excuse necessary to take a person’s guns away from him.
The next day, Montgomery received a call from the Suffolk County PD, informing him that his guns would have to be confiscated. And on May 30th, they showed up and took his weapons. The Daily Caller reported that his firearms included the following: a Colt .38 revolver, Derringer .38, Glock 26 9mm, and a Smith & Wesson Bodyguard 380.