New York implemented this law following the school shooting at Sandy Hook Elementary School in Newtown, Conn., the previous December.
Now, a New York resident has filed a lawsuit against the state claiming a hospital incorrectly labeled him as an “involuntary admission,” which led the Suffolk County Sheriff’s Department to revoke his pistol permit and handguns, by order from the New York State Police, according to Courthouse News Service.
Donald Montgomery, the plaintiff, said he has no history of mental health issues or any preexisting medical conditions; he said he admitted himself to Eastern Long Island Hospital for sleep deprivation, according to the report.
Mr. Montgomery’s complaint questions whether mental health status is linked to the likelihood to commit acts of violence, and he claims the law could discourage people from seeking treatment, according to the report.
“To report every person who seeks medical or mental health support services through a government mandate or sponsored program is to fuel the fire of the stigma of a class of persons who are more likely to be victimized than to commit violent crimes with firearms, such as mass shootings,” the lawsuit states, according to the report.
New York Gov. Andrew Cuomo (D) is the lead defendant in the case. Mr. Montgomery is asking for the law to be declared unconstitutional.
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