NY Gun Confiscation for Mental Health part Duex

"In a surprising turnaround, New York State Police have admitted that they made a mistake when they confiscated the guns and suspended the permit of an Erie County resident on the grounds of mental health.

Late Wednesday, Erie County, NY, released a statement (posted below) blaming the New York State Police for giving them bad information regarding the suspension of a pistol permit and demand to surrender firearms sent to Amherst resident David Lewis."

I first posted on this in THIS post.

So the Police screwed up, and pass the blame to the New York State Police.  Who gave the NY State Police the information?  All they are saying is that they made a "mistake" and gave out the wrong name.  Uhhmmm, there is something not quite right here.  Mr. Lewis was taking anti-anxiety medications in the past, that was the supposed reason for the Police to take his firearms.  If it was a mistake, how would the police know of Mr. Lewis' medication use?  Who told them?

I hope Mr. Lewis and his attorney have a field day with discovery on their lawsuit.  Because someone, somewhere divulged private health information to the State.  And THAT is a crime under the current laws.

This new Backround check they are talking about?

"The proposal will allow a doctor to add a patient to the National Instant Criminal Background Check System (NICS) without ever telling the patient he or she has been added.

There would be no due process requirement. Not all doctors will be able to do it with the same ease, but many will. Knowing a doctor could add him to a federal database as mentally ill without his knowledge could potentially dissuade a patient from going to the doctor in the first place to get help. 

Worse, if the doctor does so and makes a mistake, the patient would have to actively work through the system to get himself removed — guilty before being proven innocent. In some states, should a doctor flag you as having mental illness without your knowledge, you may very well see the state come collect your previously purchased guns"

So you can be added to a list by the whims of a doctor who doesn't know you, isn't trained in psychiatry and may have his or her own preconceptions or prejudices, and you can LOSE your Second Amendment Rights.

I'm sorry, but if some Doctor or Medical Professional wants to add me to a list, I want to be able to FACE them, which IS one of our Constitutional Rights, you know the 6th Amendment and 14th Amendment.

Until such time as those protections can be guaranteed, this bill shouldn't even be brought up for ANY vote.

So Senator Toomey, how are you going to reconcile your bill with the Constitution?