Side-by-side: SAFE ACT and ‘illegal’ OMH Guidelines enacting the ACT


How OMH violates the SAFE ACT and threatens our civil rights in the process:

SAFE ACT:

OMH [ILLEGAL] GUIDELINES:

Section 9.46 – Report of names made by mental health professionals:

·         “Information can ONLY BE USED to determine whether a gun license should be revoked or to deny a request for a gun license.”

Subdivision (j) of section 7.09 of the MHL:

·         Information can only be used for background check of person attempting to purchase a firearm.

 

NOTE: All names in report go to FBI.

OMH:

·         “will also review each 9.46 report to determine whether to direct an emergency “removal” and transport to a hospital for a psychiatric examination and possible admission.”

 

Meaning: OMH will pick up ALL and EACH person in the report, which can only be used for background check, to involuntarily committing them to psych hospital.

The Act states who is allowed to report a person and when:

·         Only physicians, psychologists, registered nurses, and licensed clinical social workers allowed to make reports during the course of their direct and current treatmentto the person.”

OMH allows “designated” clerk or IT technician to report a person:

·         if he/shehas reason to believe that the patient is subject to SAFE Act reporting requirements”.

Meaning: Any report made by these unauthorized reporters constitutes FALSE reporting, penalized by the SAFE ACT.

Gov. Cuomo stated that the purpose of the law is to check the background of people who are trying to buy a gun:

·         ” The SAFE Act stops criminals and the dangerously mentally ill from buying a gun by requiring universal background checks”.

Based on reports to NYS Senate, OMH directs psych hospital directors to automatically report ALL adults and children on admission or discharge. As a consequence:

·         the names of 6K psych patients, including 11 years old children, who are not applying for gun permit, are now in the report for background check.

FYI: 11 years old children cannot buy guns, especially if hospitalized. Hello!

Note: Once your name has incorrectly or illegally reported to the system, you are stuck. There are NO mechanism for a person to get the name out. Just as with the ‘no-fly list’, where you can’t get the government to delete the name of a child incorrectly put in the list.

The ONLY protections are for the PROVIDERS. They are EXEMPT from the consequences to a person of incorrectly, illegally, intentional reporting his/her name.

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2 responses to “Side-by-side: SAFE ACT and ‘illegal’ OMH Guidelines enacting the ACT

  1. Pingback: Side-by-side: SAFE ACT and ‘illegal’ OMH Guidelines enacting the ACT | Cerebral Collages Dancing In The Cerebellum

  2. After that, we just go back to constitutional buy & constitutional carry, meaning no government intrusions as our founders suggest by their wording of the 2A: “…shall not be infringed.”

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