Thursday, March 14, 2013
Confiscated weapons (AP Photo)
Gun owners in New York State are less likely to have their firearms taken away from them, under a decision by the U.S. Department of Veterans Affairs
(VA), while gun owners in California face the very real risk of
government agents knocking on their doors to seize their weapons.
In New York, where a new state law—the Secure Ammunition and Firearms Enforcement Act (SAFE)—takes effect this week, doctors and therapists will be required to alert the government about patients deemed “likely” to be a threat to themselves or others, so that officials can act to take away their firearms.
But the VA announced that it would not comply with the new law, saying it is beholden to federal statutes.
“Federal laws safeguarding the confidentiality of veterans’ treatment records do not authorize VA mental-health professionals to comply with this NY State law,” Mark Ballesteros, a VA spokesperson, said in a prepared statement.
About a million veterans reside in New York. The state’s governor, Andrew Cuomo—who spearheaded SAFE’s enactment as law—responded to the VA announcement by saying, “What the law says is it leaves it totally up to the mental health provider if they want to come forward or not—totally up to them.”
Out in California, which is the only state that confiscates legally registered guns from residents who have lost the right to own them, state law enforcement agents have seized thousands of weapons under a controversial state law.
About 20,000 gun owners in the state are barred from possessing firearms, including the mentally ill, convicted felons, and those subject to a domestic violence restraining order.
Last year, the state seized about 2,000 weapons, along with 117,000 rounds of ammunition and 11,000 high-capacity magazines. Thirty-three California Department of Justice agents are assigned to the task of tracking down and confiscating the disallowed guns, and state Attorney General Kamala Harris has requested that number be doubled.
To Learn More:
In New York, where a new state law—the Secure Ammunition and Firearms Enforcement Act (SAFE)—takes effect this week, doctors and therapists will be required to alert the government about patients deemed “likely” to be a threat to themselves or others, so that officials can act to take away their firearms.
But the VA announced that it would not comply with the new law, saying it is beholden to federal statutes.
“Federal laws safeguarding the confidentiality of veterans’ treatment records do not authorize VA mental-health professionals to comply with this NY State law,” Mark Ballesteros, a VA spokesperson, said in a prepared statement.
About a million veterans reside in New York. The state’s governor, Andrew Cuomo—who spearheaded SAFE’s enactment as law—responded to the VA announcement by saying, “What the law says is it leaves it totally up to the mental health provider if they want to come forward or not—totally up to them.”
Out in California, which is the only state that confiscates legally registered guns from residents who have lost the right to own them, state law enforcement agents have seized thousands of weapons under a controversial state law.
About 20,000 gun owners in the state are barred from possessing firearms, including the mentally ill, convicted felons, and those subject to a domestic violence restraining order.
Last year, the state seized about 2,000 weapons, along with 117,000 rounds of ammunition and 11,000 high-capacity magazines. Thirty-three California Department of Justice agents are assigned to the task of tracking down and confiscating the disallowed guns, and state Attorney General Kamala Harris has requested that number be doubled.
-Noel Brinkerhoff, Danny Biederman
To Learn More:
VA Says No to SAFE Act (by Curtis Skinner, New York World)
California Seizes Guns as Owners Lose Right to Keep Arms (by Michael B. Marois & James Nash, Bloomberg)
State Considers Taking Shot at Disarming Thousands Who Own Guns Illegally (by Ken Broder, AllGov)
In Wake of Mass Killings, States Still Don’t Comply with Gun Database of Mentally Ill (by Matt Bewig, AllGov)
Californians React to Mass Murder and Tough Gun Laws with Record Weapons Shopping Spree (by Ken Broder, AllGov)
VA Misled Public about Timeliness of Mental Health Care (by Noel Brinkerhoff and David Wallechinsky, AllGov)
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