This client had no criminal record, and had never been hospitalized for mental illness. What he did have was a temporary, short term issue that required medication. It was handled with his private physician. The government apparently got his records in violation of their own laws – a violation of Privacy Rule of HIPAA (the Health Insurance Portability and Accountability Act). Clearly a violation of his civil rights.
NY law requires mental health professionals to report to their local director of community services when, in their reasonable professional judgment, one of their patients is “likely to engage in conduct that would result in serious harm to self or others.” This is true in many states, as an exception to the doctor/patient privilege. However in this case the man in question did not exhibit any signs of violent or dangerous behavior, nor did his doctor report him. So, the only reasonable explanation was that someone in NY government went looking through confidential records, without permission or provocation, in order to find those they deemed unworthy to own a firearm.
This is where “reasonableness” gets used against us by the wrong hands.
Our rights under the Constitution are not without some measure of limit. Using blanket “rules” that discriminate and breaking Federal laws to accomplish the end means of those who want to grab all guns is certainly not part of those limits. This is why I am against the laws passed in NY, in Colorado, in Maryland, and the bill the Senate was considering. All they will do is leave us vulnerable to criminals and make those who need treatment for issues that aren’t a danger in firearms possession from asking their doctor for help. Why would they if it can and will be used against them? There are already provisions in place to do what these laws claim to want, enforce them, don’t grab our guns!
Image: Punch magazine, 6 August, 1913; public domain copyright expired
