Department of Veterans Affairs: We Will Not Comply With New York’s Gun Law
March 11, 2013  //  By:   //  Andrew Cuomo, Gun Control, New York  //  8 Comments


Citing a pesky little thing known as the Constitution of the United States, the Department of Veterans Affairs has vowed that they will not comply with a provision in the New York SAFE Act that requires doctors to alert authorities to people they deem “likely” to pose a threat.

Via New York World:

The U.S. Department of Veterans Affairs said it will not comply with New York State’s new law requiring mental health providers to report potentially dangerous individuals to state authorities.

The Secure Ammunition and Firearms Enforcement (SAFE) Act, the sweeping gun-control law that goes into effect this week, calls on doctors and therapists to alert county health officials to patients they deem “likely” to engage in conduct that will result in serious self-injury or harm to others.

Once notified of potentially harmful individuals, the state will check their names against a new state database of licensed gun owners. If there’s a match, local law enforcement will be authorized to remove weapons if their owner does not voluntarily surrender them.

Mark Ballesteros, spokesperson for the Department of Veterans Affairs, said that the U.S. Constitution forces his agency to follow federal law, not New York’s new rules.

“Federal laws safeguarding the confidentiality of veterans’ treatment records do not authorize VA mental-health professionals to comply with this NY State law,” he said in an emailed statement.

One glaring issue with this provision lies in the vague definition of the word “likely”.  But another more specific problem for the VA as Ballesteros points out, is that compliance with such a measure would cause immense apprehension for those veterans who may already be concerned about being treated for PTSD.

About the Author :

Rusty Weiss is a freelance journalist focusing on the conservative movement and its political agenda. He has been writing conservatively charged articles for several years in the upstate New York area, and his writings have appeared in the Daily Caller, American Thinker,, Big Government, the Times Union, and the Troy Record. He is also Editor of one of the top conservative blogs of 2012, the Mental Recession.

8 Comments to “Department of Veterans Affairs: We Will Not Comply With New York’s Gun Law”
  • Bryon Rushing
    March 12, 2013 - Reply

    Way to Go people..DO NOT COMPLY, They are WRONG so you not only have an obligation but it is your duty to not comply with their bullshit laws

  • Dave
    March 12, 2013 - Reply

    Ironic this article came out about doctors. As many may know, Obamacare has a passage where doctors are encouraged to ask patients if they have guns in their home. I had to go to my orthopedic surgeon about lumbar disc that is causing so much problems for me. Instead of my usual doctor, there was an intern there who arrogantly let me know he was an Ivy League graduate (why he did that, I have no idea). He asked me several questions concerning pain, the medicine my doctor prescribed (and which he changed, much to my regular doctor’s consternation, I might add). Finally, he said he was obligated under the “Affordable Care Act” to ask if I have firearms in my home. I told him it was none of his damn business. He said, “I’ll take that as a yes.” I said you can take it any damn way you wish. But, it’s still none of your damn business.

    My point, doctors are already going beyond the boundaries of health care. Beware.

  • shrgngatlas
    March 12, 2013 - Reply

    An unconstitutional law is no law at all.

  • wtram46
    March 12, 2013 - Reply

    I agree with and admire the courage of these people to “just say NO” to this political threat to our freedom!!!

  • Craig Barrow
    March 12, 2013 - Reply

    Wow, you mean there is someone in a government job that uses their brain!?! A faint glimmer of hope in this dark loss of freedom called the Obama Presidency…

  • Tamara Scott
    March 12, 2013 - Reply

    I think I might use a more sarcastic is my nature *sigh*. If any dr asks me if I have guns, I will ask if they have guns. When they start writing shit down, I’ll start writing shit down. I’ll let him know my notes are going to local patriots who might want to know who to be wary of. ping! your move dr ivy snot.

Leave a reply