Tuesday, March 12, 2013

VA won’t follow NY gun law

“ALBANY, N.Y. (AP) — The federal Department of Veterans Affairs said Monday its mental health professionals won't comply with a new gun law in New York that requires reporting the names of patients they believe likely to hurt themselves or others.

“That provision is set to take effect Saturday. Several veterans and their advocates warned it would deter many from seeking counseling and medications to deal with post-traumatic stress disorder or other psychological issues. Veterans fear their rights would be taken away.

“Under the law pushed by Gov. Andrew Cuomo, the information would be used by state officials to determine whether someone should give up a gun license or weapon.

“VA Spokesman Mark Ballesteros said Monday that federal protections of veterans' treatment records take precedence. The agency's lawyers had been studying the New York statute, which passed in January.

"’Federal laws safeguarding the confidentiality of veterans' treatment records do not authorize VA mental-health professionals to comply with this New York State law,’ Ballesteros said in a prepared statement. ‘Under the Supremacy Clause of the U.S. Constitution, federal laws take precedence over conflicting state and local laws.’"

http://news.yahoo.com/va-says-wont-york-gun-law-180220621.html

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