Insomnia in New York Can Get Your Guns Confiscated


New York State is using the unconstitutional SAFE Act to go on gun confiscation fishing expeditions. Any excuse, even insomnia, can be a reason to take away a person’s guns.

The following is one way it goes down.

Hospitals consider all people admitted for mental health reasons to be involuntary admissions who can be held for 72 hours without the patient’s permission. Sometimes the person is only in the hospital for insomnia but that too is an involuntary admission. It’s a mental health issue.

The 2013 SAFE Act, the gun control measure signed into law by our totalitarian governor Andrew Cuomo, contains a mental health reporting provision (section 9.46) which requires hospitals to forward all personal information of anyone admitted involuntarily. This is done without the permission or awareness of the patient.

This is supposedly done for the purpose of reporting any patient who might constitute a threat. Hospitals can’t be expected to pick and choose. They send them all to New York State. The information goes into a database which can be accessed by state and local officials, including law enforcement.

Tens of thousands of people have had their information transferred in this way.

It’s become a means of gun confiscation.

One victim of the law is New York resident and retired detective sergeant in law enforcement Donald Montgomery who was suffering from a bout of insomnia. He was diagnosed with Insomnia/Depression by Eastern Long Island Hospital.

All his personal information was sent to the database. The Suffolk County Sheriff’s Office, at the direction of state police, went to his home and confiscated his firearms and his license.

Montgomery has filed suit against Cuomo, New York State Office of Mental Health Commissioner Ann Marie T. Sullivan, New York State Division of Criminal Justice Services Executive Deputy Commissioner Michael C. Greene, New York State Police Superintendent Joseph A. D’Amico, Suffolk County Sheriff Vincent DeMarco and Eastern Long Island Hospital.

According to Law 360, Montgomery seeks treble damages, a declaratory judgment to strike down the mental health reporting provision of the SAFE Act, a preliminary and permanent injunction on implementation of the provision through the reporting system, an order requiring notification of anyone whose information was reported under the system, and an order to purge all electronic and paper records collected under the law.


In New York, residents do not have 4th, 5th or 14th Amendment rights. They do not have privacy rights, equal protection nor do they have due process if they are legal gun owners.

Who does Andrew Cuomo think he is? What right does he have to do this? It’s not just New York. It’s happening in other states as well.

Cuomo said he would confiscate guns: