Special Opinion to the Mirror by Paul Plante
First of all, I would again like to thank the Cape Charles Mirror for being egalitarian (relating to or believing in the principle that all people are equal and deserve equal rights and opportunities) and for presenting diverse opinions on this question of what is being called “gun control” in America right now.
A serious part of that debate has to do with denying access to guns to those deemed by somebody, obviously someone in a position of power, to be mentally ill and dangerous.
I am one of those who knows that in corrupt New York State, falsely accusing people of being mentally ill and dangerous is a political weapon, so I am asking those who are for that, and they are many, how that will not be abused by a government that does not want its citizens to have access to guns for political reasons, largely because the government does not trust its citizens, and to date, there has been no answer, which I find unacceptable, especially in the light of McKay v. New York.
We were introduced to McKay v. New York in here by our dear friend tkenny @ April 4, 2018 at 11:21 pm, as follows:
On February 26, 2018, the Hon. Frank P. Geraci, Jr. of the Western District Court of New York released his Decision and Order in the federal civil rights case of Donna McKay vs. the State of New York.
The victory for those like Donna, who are falsely accused of having been “involuntarily committed,” is in the dismissal of her case.
Victims of this systematic, false reporting by New York State to the FBI now have a clear course of legal action in county and federal courts to restore their Second Amendment and property rights.
And let’s stop right there, people, and scroll back to the words “(V)ictims of this systematic, false reporting by New York State to the FBI,” where “systematic” means “done or acting according to a fixed plan or system; methodical.”
Now, that is our dear friend tkenny saying that, not myself, and in doing so, he does in fact validate what I have been saying about New York, which is that it abuses the process of declaring who is mentally ill and dangerous for political reasons, and so, cannot be trusted with that determination in connection with our 2d Amendment rights.
Where is the fail-safe against abuse, I want to know from tkenny and Cameron Kasky and David Hogg, and to date, no answers are forthcoming, only the sounds of silence.
Getting back to tkenny @ April 4, 2018 at 11:21 pm, he continued as follows, which in its turn led to this essay: “You see, the system can correct itself.”
“Some laws need a little tweaking because of unseen circumstances.”
And no, tkenny, it is not a little tweaking – it is a whole lot of tweaking as we shall soon see.
So let us go without further ado to “Matter of License To Carry a Pistol Issued to Donna L. McKay,” 2016 NY Slip Op 26180 Decided on June 7, 2016 County Court, Yates County Falvey, J. published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431, decided on June 7, 2016, County Court, Yates County, State of New York, as follows:
The respondent, age 38 (DOB: xx/xx/1977) was issued a license (CW 08-03) to carry a pistol on March 12, 2008.
This Court, by Order to Show Cause dated April 14, 2015 ordered the respondent to appear on May 19, 2015, to show cause why an order should not be made revoking her pistol permit and prohibiting her from possessing a firearm, rifle or shotgun as a result of the court’s receipt of a notice purportedly pursuant to Mental Hygiene Law (MHL) § 9.46 from the New York State Police that the respondent had been adjudicated as a mental defective or has been involuntarily committed to a mental institution which prohibited her from possessing a firearm, rifle or shotgun pursuant to 18 U.S.C. §922(g)(4), Penal Law §§400.00(1)(i)(j),(m), (11)(a-c).
Now, this is not some made-up story from some TV show.
This is something that happened in real life to one of our fellow American citizens (out of many, we are one), it is horrible to contemplate, and I want an answer from tkenny, Cameron Kasky and David Hogg as to how they intend to prevent a recurrence of this.
Getting back to that court decision, we have as follows:
The respondent’s pistol permit was suspended and her firearms, to include all handguns, rifles and/or shotguns, were placed in the custody of the Yates County Sheriff subject to further order of the Court.
In another thread, tkenny mocks us for thinking the government will come and confiscate people’s weapons, and yet, here is a case of it right here that cannot be denied.
Getting back to McKay, we have:
The Yates County Clerk’s Office received notice by letter from the New York State Police dated April 13, 2015, stating that respondent “has been adjudicated as a mental defective or has been involuntarily committed to a mental institution,” citing 18 U.S.C. §922(g)(4) (Exhibit 5).
The Court was in turn advised by the clerk of same and the Court then issued the subject order to show cause.
There is what tkenny would have us believe is sufficient due process of law to protect our rights, to which I reply hogwash.
That is no protection whatsoever.
Getting back to the Court’s version of the fact, we have:
The focus of the hearing was thus to determine whether or not the respondent had been adjudicated as a mental defective or had been involuntarily committed to a mental institution and whether or not she should be prohibited from possessing firearms, rifles, shotguns or handguns.
In addition, if not prohibited to possess same under the federal statute, whether the Court in its discretion had good cause to revoke her license to possess a handgun. [P. L. §400.00(11)(a)].
So, people, is this trivial, as tkenny would have us believe?
Or is this serious business?
Getting back to McKay:
New York State Police Investigator Chad A. Hunt testified that the State Police had received notification about Ms. Mc Kay from the New York State Office of Mental Health (OMH) (Ex 5).
The notice dated April 11, 2015, via the “EjusiceNY portal” contains McKay’s indentifying information and under “Prohibitory Category Code (PCA) states “D – Adjudicated mental defective/Committed to Mental Institution”.
McKay’s pistol permit number is stated under “Saved Case Notes” (Ex. 5).
There, people is the process that tkenny wants us to adopt as a national model in this country, and if the young people in this country succeed in loading the Congress with anti-2d Amendment Progressive Democrats this mid-term election, and Young Andy Cuomo of New York in 2020 as president, whose law this is, it will be the national model, with all of its quite serious flaws.
Getting back to McKay:
Hunt did not know the basis of the notification that was received by the State Police.
OMH provided no supporting documents, affidavits or any records to support the alleged determination by OMH that Ms McKay was a mental defective or that she had been involuntarily committed to a mental hospital.
Having been victimized by this same system, to me, this is something out of Nazi Germany, or Stalinist Russia, and yet, this happened right here in America.
Getting back to the horror story here that tkenny would wish to have replicated all across America to appease David Hogg and Cameron Kasky, the school shooting survivors from Parkland, Florida, we have:
As a result, James E. Sherman, technical Lieutenant, Pistol Permit Bureau, NY State Police wrote a letter dated April 13, 2015 to Yates County Clerk Julie D. Bettes, that “The Division of State Police has become aware that a person identified as Donna L. McKay… has been adjudicated as a mental defective or has been involuntarily committed to a mental institution.”
The Court notes that Sherman’s notice did not state the basis on which this conclusion was drawn.
The only basis was that somebody said so – nothing more was needed.
So what does McKay have to say for herself?
Let’s take a look and see:
On April 7, 2015 McKay voluntarily went to the emergency room (ER) at Soldiers and Sailors Memorial Hospital in Penn Yan, NY, 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 on April 7, 2015.
For that, she was going to be adjudicated by the State Police as a mental defective or has been involuntarily committed to a mental institution, which is dangerous bull**** to this American citizen.
Getting back to McKay:
She has 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 on April 7, 2015, seeking to be admitted to the mental health unit at the hospital, which is a restricted, “secured” area.
Some time before April 7, 2015, McKay had started seeing Karen Brennan, LCSW-R 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.
This transition was triggering her anxiety, and so she thought this counseling would be helpful to her.
Ms. Brennan had helped her in planning for this transition.
After McKay saw Ms. Brennan shortly before April 7, 2015, Ms. Brennan apparently spoke with the hospital ER staff and told them of concerns she had that McKay was having suicidal thoughts.
However, McKay had not had such thoughts, and denied telling Ms Brennan that she had such thoughts.
McKay recalls speaking to ER personnel and questioning them whether she could be admitted even though she was not having suicidal thoughts.
What a swamp this woman then got herself mired in, as we see from the following:
Dr. Marino was McKay’s treating physician while she was at the hospital.
She met with him the morning of April 8, 2015.
In his written evaluation, he concluded that she 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 (Ex 1).
The “Violence Risk Assessment” completed at the hospital showed that she had a very low risk of violence (Ex 3).
Sometime before McKay’s discharge, Dr. Marino made an on line report in compliance with the NY 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 SAFE Act is Young Andy Cuomo’s gun control law in NYS, that among other things, bans the AR-15 rifle for sale in NYS.
Let’s take a further look at it:
Dr. Marino testified that “every person that comes into the Mental Health Unit is registered, and I sign that they’ve come into the Hospital” (T 32).
He testified that the document that he checks off does not indicate whether or not the patient has been determined to have been involuntarily admitted or that she has a mental defect (T 32-33).
Dr. Marino did not recall the exact wording of the form, but he said there was not an option on the form that he could check “whether they were involuntarily or voluntarily, or committed, or deficient, or anything else, it’s just a generated – computer generated form that the patient was in, the day and time that I saw them.”
“But it does not give me — it does not allow for anything other than that they were admitted” (T 36).
Dr, Marino testified further, ” I am signing it every day, every patient that comes into the Hospital, and it’s a generic form that does not call for their diagnosis, does not call for any differentiation, whether they’re in Hospital voluntarily, or involuntary, just that they came into the Hospital, the date, and I signed that” (T 37).
There it is, people, tkenny’s safeguard of our 2d Amendment rights, which is no safeguard at all.
And that is considered the model gun control law for the nation to adopt.
If you want that to happen to your neighbor, or maybe someone in your own family, then you know what you have to do to make that happen.
Make Young Andy’s SAFE ACT the law of the land, and my goodness, I bet all kinds of gun owners will find themselves in the same position as Donna McKay.
If you are not for that, your work has now gotten a whole lot harder.
So, America, what side are you on?
The candid world would like to know.