How OMH violates the SAFE ACT and threatens our civil rights in the process: |
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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/she “has 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.