NY CCW restored after visit to hospital for panic attack triggers SAFE Act permit revocation as "adjudicated a mental defective/committed to mental institution."

This apparently occurred in July, but I don't remember seeing anything posted about it, so if it's a dupe, feel free to delete it. Title says all: Woman visits hospital about a "panic attack," permit is revoked. Court restores it. Very scary shit.COURT DENIES APPLICATION TO REVOKE PISTOL PERMIT, EJUSTICE FORM NOT SUFFICIENT The respondent had a license to carry a pistol for several years, but when she went to an emergency room for a “panic attack” a SAFE Act report triggered a review of that permit.State Police received notification about the respondent from the New York State Office of Mental Health. The notice sent via the "EjusticeNY portal" simply stated that respondent was “adjudicated a mental defective/committed to mental institution", one of the boxes to check on the form. However, it did not provide any supporting documents, affidavits or any records to support the alleged determination by OMH that respondent was a mental defective or that she had been involuntarily committed to a mental hospital.What actually happened was that the respondent voluntarily went to an emergency room, seeking admission to the psychiatric floor of the hospital. She went there because she had been feeling anxious after starting on some cold medicine with codeine she had been prescribed a few days earlier for bronchitis. When she started taking the cough medicine, she felt very hot, was sweating, her blood pressure dropped. She called an ambulance and was administered fluids. She believes that these events triggered a panic attack which caused her to go the ER.She had been having panic attacks for about twenty years. She usually would talk to her family physician about these attacks. At one point he had suggested to her that during an anxiety attack, she might consider going to the mental health floor of the hospital for a couple of days as a respite. She had this advice in mind when she went to the ER seeking to be admitted to the mental health unit at the hospital.She had also been seeing a counselor to help her plan for her twenty year old autistic son who was transitioning from living with her and her husband and siblings at home, to living in a group home. The counselor had some discussions with ER staff about respondent’s condition, but there was some dispute about just what was said.At the ER a doctor determined that respondent was anxious, but not suicidal, that her thinking was without psychotic symptoms, past or present, and there was no evidence of any formal thought disorder. He found her insight to be good. She was also found to have a very low risk of violence. Sometime before her discharge the doctor made an on-line report in compliance with the SAFE Act [MHL §9.46(b)] that she had entered the mental health unit. It was this report that triggered the SAFE Act report that the State Police eventually sent to the Court and to the Yates County Clerk. The doctor later testified that every person that comes into the Mental Health Unit is registered, and he signs the form that they were treated but does not indicate whether or not the patient was determined to have been involuntarily admitted or had a mental defect.No basis to withhold pistol license under federal or state law The court allowed respondent to keep her pistol permit, concluding that:Respondent was admitted voluntarily, not involuntarily.She had not been adjudicated an incompetent by any court.Based on the proof presented, the State Police notice to the court and the County Clerk erroneously stated that she had been adjudicated as a mental defective or had been involuntarily committed to a mental institution.Respondent’s time in the hospital was not a commitment. Therefore, she does not fall under the prohibition of 18 USC §922(g)(4) from obtaining or possessing firearms or ammunition. Nor was she taken into custody by a police or peace officer and placed in the hospital secure mental health unit pursuant to MHL §9.41.The court was clearly annoyed that the form used by the hospital and State Police inaccurately stated that respondent was adjudicated a mental incompetent and/or was committed, when the facts clearly showed otherwise.Matter of McKay, Yates County Court, June 7, 2016Source document via /r/CCW http://ift.tt/2gmheUA