View Single Post
Old January 15, 2013, 10:33 AM   #64
Hal
Senior Member
 
Join Date: October 9, 1998
Location: Ohio USA
Posts: 7,435
Quote:
It will almost immediately be challenged in court. The Heller decision protects the ownership of handguns, and of weapons "in common use."

Now, does a 10-round cap violate that? Perhaps not. But nobody makes 7-round mags for the Glock 17, the Beretta 92, the Sig P226, the Ruger P95, or any other major service pistol. Cuomo's proposal would effectively ban hundreds of service pistols in common use, and the Supreme Court would be none too pleased to see him flouting their verdict.
Screw the magazine capacity issue.
That's nothing more than a diversion.

The real threat is in the mental health portion.

Read the bill - I did.

http://www.nysenate.gov/files/pdfs/S2230.pdf

"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 data-
base. A new Section 9.46 of the Mental Hygiene Law will require mental
health professionals, in the exercise of reasonable professional judg-
ment, 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

Here's who are required to turn in anyone they suspect is a risk or threat.:
"S 9.46 REPORTS OF SUBSTANTIAL RISK OR THREAT OF HARM BY MENTAL HEALTH
PROFESSIONALS.
(A) FOR PURPOSES OF THIS SECTION, THE TERM "MENTAL HEALTH PROFES
SIONAL" SHALL INCLUDE A PHYSICIAN, PSYCHOLOGIST, REGISTERED NURSE OR
LICENSED CLINICAL SOCIAL WORKER."



So any RN or LCSW has the authority to, effectively, remove someone's firearms.
Worse yet, it says they are required to report it.
AFAIK and can tell, there's no penalty mentioned if they fail to report it - yet.
I'm sure once the ball gets rolling, there will be.

BTW - they (the mental health professionals) don't have to prove anything - just report it.

My wife works for the county Board of DD. She runs into this type of thing all the time...
Hal is offline  
 
Page generated in 0.04300 seconds with 7 queries