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News alert on a major new Second Amendment controversy as Washington attempts to finalize federal gun control regulations.
We are now hearing that at least one state is already working on confiscating some guns.
And the first time -- did not go well.
Welcome to America live everyone I'm Megyn Kelly this is an unbelievable story we are tracking a new controversy over a gun -- here in New York State.
It is apparently tied to the new law they passed -- in the wake of the Newtown Connecticut shootings that requires mental health professionals to alert the government.
If they believe the patient is likely to hurt.
Himself or -- now that's all it's always been that if a psychiatrist thinks you're gonna hurt yourself or somebody else disposed of a report that to somebody.
The New York Lott added a new requirement that once they -- report that to somebody to a mental health official in the county.
That person needs to called the gun licensing people.
And the gun licensing people need to called the local county officials who would then come to get your gun.
Now the government uses this information.
They make the determination whether you should get to keep your gun permit and at least one legal gun owner says this just happened to him.
He got a notice from the state informing him that his gun -- was being suspended.
He was ordered to hand over all of his weapons he did.
Just one problem the state now says on.
We got the wrong guy sorry.
That man is not happy.
Trace Gallagher live -- West Coast newsroom with more we are in touch with this man's attorney the news continues to break on this moment by moment bring us up to speed Trace.
The man's name is David Lewis -- -- in Erie county new York and you're exactly right the reason that he went and turned his seven guns into the police is because the letter that he got said if he didn't turn his guns and they were gonna come to his house.
And get his guns Louis lawyer wondered how his client's private medical records were accessed by the government -- here's -- Under the health privacy act or -- but it says and I'm quoting here.
A major goal of the privacy rule is to assure that individual's health information is properly protected while allowing the flow.
Up health information needed to provide and promote.
High quality health care and you get this protect the public's health and well being -- that phrase.
Protect the public health and well being apparently falls under New York State's new gun law which is called the -- fact.
It goes after people quoting again here likely to engage in conduct that would result in serious harm.
Self or others while meaning that if you threatens suicide or homicide but the lawyer says David Lewis.
Never made any threats has no criminal record no history of violence.
But didn't get medication for a short term illness.
But David Lewis doctor did not report him to the state but here's the deal.
Under the new law nurses social workers can also request that your guns be taken away but it was unclear exactly -- -- turned a man.
And now as you said -- -- we know nobody turned admit the New York State Police got this wrong with the Erie county clerk now saying quoting here.
When the state police called to tell us they made a mistake.
And had the wrong person it became clear the state did not do their job here.
And now we all look foolish the clerk goes on to say the mental health laws -- New York.
Are flawed saying quote until the mental health provisions are fixed.
These mistakes will continue to happen the problem is apparently this lawyer has other clients.
Other people are getting their guns taken away.
And now David Lewis and his lawyer as you might imagine meg and are suing the State of New York.
This is incredible because this guy.
He had some history were for brief period he's on medication so he -- films I guess this is what they're referring to an as a result I'm gonna turn over all my guns.
And only because he paid money hired a lawyer decided to -- it further -- find out did the state find out.
You know what we weren't after you at all we had no rights.
To -- reporting your medical history to anybody to to be getting your guns from you no right whatsoever which they now admit.
And if I just could add one more thing -- and that.
Also because of this law not only he didn't get a lawyer -- his guns have been taken away but he couldn't get any more guns for five years despite the fact that he was only on the medication for a short amount of time there is a five year ban from getting a new gun permit.
It's some believe a so now this clerk in Erie county who was forced to do it who is of the executioner all of -- he was -- I was forced to go you know collect David's guns.
Under protest from the sound of it now this clerk is coming as you mentioned and says.
Our governor needs to take a step back and say we didn't get this law right we've got to change this I mean everyone in New York State is subject.
To this now it's not just this man.
But why is what it is and this is how things are going to be implemented not so well from the look of it -- thank you.
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