NYS Gun Law includes requirements for Mental Health Professionals to report patients

[HereSince1628]

48. I think this is not THE BIG THING I fear.

What I fear is loss of equal protection and due process resulting from overly broad arbitrary rules that assign persons with mental illness into databases.

My BIG FEAR is 10s of millions of innocent people having their names placed in databases and having civil rights violated by decisions to list as prohibited anyone, for example who takes an SSRI, or anyone who has say bipolar disorder, PTSD or borderline personality disorder. I fear that such databases will be underfunded and consequently not be kept up to date and would often be inaccurate. I fear such inaccuracies would be the basis of denying persons the same rights as other Americans. And I fear that once much money is spent on such efforts, people will want to offset that cost by finding uses for the data, and that these databases could have their access expanded for other things than gun purchases. I hope that my BIG FEAR isn't going to be realized.


The reporting of threats to self and others to police is already the law in many states. It is the policy of the Veterans Affairs Mental Health programs. These laws have withstood legal tests.

Why don't I feel this is a terrible thing:

A clinician would be reporting as a consequence of specific statements or behaviors. It's isn't arbitrary like a computer program searching medical records for specific illness codes or a prescription that may or may not always be associated with mental illness.

The reporting is followed up by an investigation...which is what is needed to stop a suicide, and at least in principle could also be important in preventing shootings of others.

The intervention follows rules of due process. Typically police follow up, make an assessment, and as necessary can take a person into involuntary detention where an psychiatric evaluation can be made about matters of committment etc.

Typically the evaluating psychiatrists won't make the committment (but these things do vary by state and I haven't had a chance to read the NY law)...they have to argue that outcome before a panel or an officer of the court. THose persons make a decision, and usually the patient can be represented by counsel.

THAT IS DUE PROCESS,it deals with each event on a case-by-case basis and it ensures equal protection.