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Thousands of New Yorkers Having Their Constitutional Rights Stripped By SAFE Act

If you have a mental health issue that could require professional treatment such as depression or anxiety and you own a gun, you may need to think twice before seeking treatment.  Such is the sad state of affairs being wrought upon law-abiding citizens in New York, as the very positive step of seeking help is being cast in a negative light thanks to the SAFE Act.

A New York Times article indicates that 34,500 people in the Empire State “have been reported to a state database as a danger to themselves or others, and prohibited from owning firearms for five years.”

Scott Ott of the PJ Tatler explains that those 34,500 people have not only been stripped of their Second Amendment right to bear arms, regardless of whether or not they exercise that right, but they have also been stripped of their Fourth Amendment and Fourteenth Amendment rights.

Only a couple hundred of those individuals were found to have gun permits in the first place, with an unknown number of those having been seized.  But the Constitution is about the rights of the individual, and it is their choice as to when and where they will exercise those rights.

Ott explains why this is so important.  He writes, “if you have a mental health issue and you treasure your natural, God-given 2nd Amendment right to self-defense, then the law discourages you from seeking professional help with the threat of confiscating your property and your security.”

Governor Cuomo on the other hand has said the number of New Yorkers who have had their rights stripped away “is too low.”  His concern focused on the others who have been “hospitalized for mental illness” but “could still get a gun.”

Because a person suffering from depression or anxiety does not have the right to defend themselves under Cuomo’s SAFE Act.

Even more concerning, mental health professionals have stated they feel compelled “to report virtually anyone who came through an emergency room for psychiatric screening.”  And those ‘professionals’ might not be as professional as one would think.

Governor Cuomo’s SAFE Act already allows for social workers, registered nurses, and “unlicensed” psychologists to determine whether or not state police can seize a gun owner’s weapons.

Democrats in New York City have already introduced legislation to go one step further in that regard, introducing a bill that would allow “anyone” to have their guns confiscated.

It isn’t just downstate officials who are attacking a New Yorkers constitutional rights.  Listen to this quote from former Erie County DA Frank Clark …

While discussing gun violence in the city of Buffalo, where homicide rates are remaining at the same levels despite implementation of the SAFE Act, Clark had this to say:

“As long as you’re going to guarantee our constitutional right to bear arms, you’re never going to eradicate the problem.”

It isn’t the Second Amendment that is the issue here, yet lawmakers continually manage to demonize it.  Clark was a Democrat first elected in 1996, and a man who managed to get the GOP endorsement during the 2000 and 2004 elections, and was expected to get that nod again in 2008 when he retired.

Cuomo has continually referred to the SAFE Act as “sensible gun control.”

What he fails to understand is that common sense indicates you’ve just left hundreds of individuals defenseless should they or their home come under attack from an actual criminal.



Rusty Weiss

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.

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