The NY SAFE was signed into law by New York Governor Andrew Cuomo on January 15, 2013.
According to NY SAFE, anyone who is identified as suffering from a mental health condition can have their guns seized by police.
However, New York state police have admitted a huge mistake in confiscating David Lewis' guns in Erie County, New York, saying they identified the wrong person (video below).
Erie County Clerk Chris Jacobs said that police called him to clarify that they had wrongly enforced a pistol permit suspension on a local gun owner under the NY SAFE Act.
Apparently, the suspension came following a warning suggesting that Lewis was using anti-anxiety medication prescribed by his doctor.
“I think that first and foremost, it stems from a flawed law that was passed so quickly without forethought on how something would be implemented.” Jacobs told WGRZ-TV. “Certainly, I am disappointed on the fact that we were given information from State Police that this was an individual that we needed to act immediately on,”
“Previously we received correspondence from the State Police that a pistol permit holder in our County had a mental health condition that made them a potential harm to themselves or others, a provision in the NY SAFE Act that requires suspension of their pistol permit license."
“When the State Police called to tell us they made a mistake and had the wrong person…it became clear that the State did not do their job here, and now we all look foolish. Until the mental health provisions are fixed, these mistakes will continue to happen,” added Jacobs.
Lewis, who owns seven pistols and is a regular target shooter, has not had his guns returned and will be required to attend a hearing in front of a judge in order to get them back, reports WHEC.com.
Lewis is also going to sue the state according to his lawyer Jim Tresmond, but will not say how much he plans on suing for in federal court.