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-   -   VA says it won’t follow New York gun law (http://www.firearmstalk.com/forums/f97/va-says-won-t-follow-new-york-gun-law-86359/)

Bigcountry02 03-12-2013 04:27 AM

VA says it won’t follow New York gun law
 
Veterans Affairs says it won’t follow New York gun law!

http://www.airforcetimes.com/news/2013/03/ap-veterans-affairs-says-it-wont-follow-new-york-gun-law-031113/

ALBANY, N.Y. — The federal Department of Veterans Affairs says its mental health professionals won’t comply with a new gun law in New York that requires them to report the names of patients they believe likely to hurt themselves or others.

The reporting provision is set to take effect Saturday.

Several veterans and their advocates say it would deter many from seeking counseling and medications to deal with post-traumatic stress disorder or other psychological issues. Veterans fear their rights would be taken away.

Under the law pushed by Gov. Andrew Cuomo, the information would be used to determine whether someone should give up a gun license or weapon.

VA spokesman Mark Ballesteros says federal laws protecting veterans’ treatment records take precedence.

CaseyChadwell 03-12-2013 05:04 AM

Not only does federal law take precedence, I would venture to say a document called the constitution takes precedence as well. I've worked in the mental health field at a psychiatric correctional hospital and they would encourage patients to speak their mind. Not to get them in trouble, but to get their feelings out.

leam23 03-12-2013 05:13 AM

I agree completely . However we can not cry for states rights and more precedent for states rights over federal law and statute and then say fed law is above state law.

WNGMSTR 03-12-2013 11:58 AM

Quote:

I agree completely . However we can not cry for states rights and more precedent for states rights over federal law and statute and then say fed law is above state law.
Good point, either way they will have their will obliged. The litigation on all the new gun laws is going to be mind numbing over next several years.

c3shooter 03-12-2013 12:19 PM

Quote:

fed law is above state law
It is a bit more complex than that. The US Constitution is intended to be the Supreme Law of the land- followed by the state constitutions.

If you passed a state law that homeowners could be required to billet members of the State National Guard in their homes, reinstating being hanged, drawn and quartered, re-establishing slavery, requiring US Senators from that state to be selected by the state legislature, and not popular vote-

then Fed IS going to be above State law.

JonM 03-12-2013 12:30 PM

Just to be devils advocate here...

I kinda have a hard time with people currently being treated with psychotropic medication being allowed access to firearms.

I think there is some merit to looking at a way to get folks onto the no buy list that really are a credible threat to others. It wasnt to long ago when a lot of us here were blasting conneticut officials and colorado officials an arizona officials for not getting info on lanza holmes luaghner into the nics system.

Then there is the case of chris kyle getting murdered by a ptsd person who prolly should have been on a nics list.

I just think the issue runs deeper than a flat out its my right mantra or you cant have guns at all insanity. Something does need to be done but i truly dont think politicians have the intelligence or wisdom to solve it.

For now our best effort is to encourge people to carry and to campaign for removing all "gun free zones"

WNGMSTR 03-12-2013 12:57 PM

Quote:

I kinda have a hard time with people currently being treated with psychotropic medication being allowed access to firearms.
If that door does open the govt. will bludgeon a massive portion of the population. The pill pushers that prescribe psychotropic drugs can compile a list in short order, confidentiality is going away with Obamacare.

There is no doubt thay some shouldn't have access to a butter knife but using the the drugs as a marker would be an ugly mess for a ton of folks.

Vincine 03-12-2013 01:00 PM

Quote:

Originally Posted by JonM (Post 1173247)
Just to be devils advocate here...etc.

Rational thought?! What’re you? Nuts?!

JonM 03-12-2013 01:28 PM

Quote:

Originally Posted by WNGMSTR (Post 1173271)
If that door does open the govt. will bludgeon a massive portion of the population. The pill pushers that prescribe psychotropic drugs can compile a list in short order, confidentiality is going away with Obamacare.

There is no doubt thay some shouldn't have access to a butter knife but using the the drugs as a marker would be an ugly mess for a ton of folks.

It makes me queezy either way. I dont like the thought of governments and lists but psycho meds are more likely to make conditions worse being used the way they are.

Its a difficult thing as doctors as a group are against civil rights and so is the government.

locutus 03-12-2013 04:01 PM

Quote:

Originally Posted by leam23 (Post 1173092)
I agree completely . However we can not cry for states rights and more precedent for states rights over federal law and statute and then say fed law is above state law.


Federal law does trump state law.

That question was settled once and for all time 150 years ago by Mr. Lincoln's "War of Northern Aggression."


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