NORWICH – County officials unanimously adopted two resolutions discrediting portions of the New York State Secure Ammunition and Firearms Enforcement (SAFE) Act this week, citing reasons that some provisions of the law abrade constitutional rights while others pertaining to mental health would prove too costly for county taxpayers.
Although neither of the two resolutions take an official stance opposing the entire NY SAFE Act – signed into law in January – one does support the position of the New York State Sheriffs’ Association (NYSSA). In February, NYSSA came out largely against much of the SAFE Act, saying that while there are positive aspects of the law, such as stricter felony charges for the killing of emergency first responders and a more comprehensive review of mental health records before firearm permits are issued, much of the law was passed in haste and should be amended by state legislators working with local officials and law enforcement.
But most of the discussion at Monday’s Board of Supervisors meeting focused on the debate of mental health and gun ownership, which local officials say should be a continuing discussion. Terms of the SAFE Act relating to the issue of mental health (referred to as MHL 9.46) go into effect tomorrow and according to Community Mental Hygiene Services Director Ruth Roberts, those terms contain unfunded mandates that may also pose a risk of discouraging gun owners in need of mental health services from seeking help.
“I am concerned that one of the unintended consequences of this law will be to create additional barriers and disincentives for individuals who are in need of mental health services,” Roberts said in a written statement. If someone is in psychological or emotional distress and legally owns a gun, she said, “that person might not seek help out of fear of having their license suspended or revoked.”
Furthermore, MHL 9.46 requires that licensed mental health professionals report someone who “is likely to engage in conduct that would result in serious harm to self or others” to the county Director of Community Services (DCS). The DCS examines the report, then discloses it to the NYS Division of Criminal Justice, which in turn notifies the county firearms licensing official of any application that person has made for a firearm license. The county licensing official must suspend or revoke the license as soon as possible and local law enforcement remove the guns.
