Here's a list of them. - a stimulant used to treat Attention Deficit Hyperactivity Disorder, norepinephrine-dopamine reuptake inhibitor, - an antianxiety medication of the benzodiazepine class, - an "atypical" antipsychotic medication used in the treatment of, and /sometimes OCD(obsessive compulsive disorder). Logically speaking, shouldn't they then confiscate your diver's license and car if you take one of these drugs? ", If such a determination is made, "the Division of Criminal Justice Services will determine whether the person possesses a firearms license and, if so, will notify the appropriate local licensing official, who must suspend the license. No weapons carry license shall be issued to: Any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application; Any person who has been adjudicated mentally incompetent to stand trial; or. If you've been accused of a domestic violence crime, talk to an experienced criminal defense lawyer. The law has come under fire from gun-rights advocates as well as mental health professionals, who fear the new law discourages people from seeking professional help for mental health issues. The court shall also notify the person of the prohibitions of 18. The sheriff shall issue to the applicant a concealed handgun license if: The applicant has not been adjudicated as a mental defective, has not been committed to any mental institution, is not under adjudication of mental incompetence, has not been found by a court to be a mentally ill person subject to court order, and is not an involuntary patient other than one who is a patient only for purposes of observation. Is or has been subject to an order of the probate court appointing a guardian or conservator for an incapacitated person on the grounds that the applicant lacks the mental capacity to contract or manage the applicants affairs. Take the guns of someone that suffers from epilepsy? Every state requires first appearance to be prompt with laws specifying an appearance in court "promptly," "without delay," "as soon as practicable" or within a specified time frame. Federal law does state that anyone convicted of a felony cannot legally own firearms. Andrew Cuomo signed last week a bill legalizing recreational marijuana use, but the legislation doesn't exempt pot smokers from federal statutes prohibiting gun ownership. BUFFALO, N.Y. Thursday, a state Supreme Court Judge ruled guns seized from David Lewis, 35, must be returned to him after he was incorrectly identified as violating the mental health provision. Safety Planning Around Guns and Firearms. Has entered in a criminal proceeding a plea of not guilty by reason of insanity. 426.130. Prescription drugs (Schedule 2-5) are not illegal, when taken by someone who has a valid prescription. never never never. Hiding a gun in a closet, drawer or similar location is not safe storage. If anything my anxiety would keep me from firing a gun so whats the danger? A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly: Sells or gives any firearm to any person who has been a patient in a mental institution within the past 5 years; or. You must be at least 21 years old, unless you have been honorably discharged from the armed forces, to obtain a license for a handgun. Next step, locking people up in camps or prison because of what they may do in the future. A biotech worker, Sargentini bought a . A person commits the offense of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and: Such person is currently adjudged mentally incompetent. If this law gets past, than they are going to have to take the guns away from half our military personnel, police, private security, and Im sure even a few congressmen. (Voisine v. United States, 136 S. Ct. 2272 (2016); United States v. Castleman, 572 U.S. 157 (2014).). STORAGE. (Albany, NY) The New York State Senate Majority today passed major legislation today to combat gun violence and protect all New Yorkers. be a person who has a current or recent former dating relationship with the victim. A person may not own, possess, or have under that persons control a firearm, unless that person has obtained a permit under this section, if that person: Has been found not criminally responsible by reason of insanity of committing certain enumerated crimes. Tresmond, who has filed suit against the state for passing the NY SAFE Act, accompanied his unnamed client to turn in the man's seven handguns to the police in Amherst, N.Y. "A law-abiding, honest, hard-working professional, who never had one [whit] of scandal associated with him, criminal or otherwise. The federal ban includes, among other prohibited persons, those convicted of "misdemeanor crimes of domestic violence" (MCDV). You cannot legislate away evil. See Also: Family Medical Show details New York offers multiple forms of relief for individuals with criminal convictions to restore their firearm and gun rights. To convict Randy on federal charges, the prosecution must prove the prior battery was an MCDV involving the use of force and a protected domestic relationship. No patient or prisoner under the jurisdiction of the South Carolina Department of Mental Health is allowed access to firearms or dangerous weapons. Many police officers develop panic disorders which they keep silent about. Federal Law. The 2013 National Defense Authorization Act prohibited military leaders from maintaining records of which servicemembers lawfully acquired or used firearms, a law intended to safeguard military members' Second Amendment rights. its time for Cuomo and shumer and gillebrand to go. Visit our corporate site (opens in new tab). Get the latest breaking news as it happens. It needs to be challenged in the courts sooner than later as a frost step. Information on estimated standard errors for each state-year estimate is provided in the full data set. NEW YORK - New York City Mayor Eric Adams today announced the formation of the Gun Violence Prevention Task Force, a comprehensive multiagency, cross-program effort to address the root causes of gun violence and prevent shootings before they take place. "If the law is implemented in a clinically well-informed manner, it holds the promise of helping to protect patients and the general public," Dr. Mark Olfson, a professor of psychiatry at Columbia, told the Post. - a "typical" antipsychotic, one of the oldest, usually given in conjunction with "cogentin", an antiparkinsonic. Has been involuntarily committed to a mental health treatment facility. No person shall possess or own any firearm who has been adjudicated mentally ill or committed involuntarily to any mental institution. He is a person with an intellectual disability and has any firearms or firearm ammunition in his possession. US inflation surges as economy becomes top preparedness threat, Commercial Real Estate Collapse Latest Warning Sign to Prepare for Major Economic Troubles, Senator J. D. Vance confirms waterways contaminated around East Palestine Train Derailment, 4th Train Derailment: Is it Terrorism? Hek if that is case then they can say, If you dont agree with us then your insane or a terrorist. The state fell to the bottom of the Giffords report card after it enacted a 2016 law allowing citizens to carry a concealed firearm without a state-issued permit. The action, Tresmond said, resulted from the New York SAFE (Secure Ammunition and Firearms Enforcement) Act of 2013, signed into law on Jan. 15 in the wake of the Newtown, Conn., shootings, in which gunman Adam Lanza killed 20 children and six adults. - a tricyclic antidepressant (TCA) which is sometimes used to treat bulimia, panic disorder, or related disorders. Ambien - used as a sleep aid, cause drousiness. Control! Where it becomes problematic is if you are taking the drugs without a prescription or are obviously abusing them. Just because they have anxiety doesnt mean they are insane Joe. The counselor didnt address my PTSd, and i knew I needed to combat it without medication (anti-psychotics) I toughened up, locked up my guns and gave her (my fiancee, NOT COUNSELOR) the key. If your health care provider feels your not a danger to yourself or others thats why they went to school so long to make desision. This is the case for most people on anxiety medications. OPGV's mission is to transform the government's . Firearms Transaction Record | ATF E-Form 4473. Only certain types of anxiety disorders can cause a person to become dangerous when off their medication. A person's gun rights can be restored after a domestic violence conviction in some jurisdictions if the conviction is expunged or set aside or the offender has been pardoned or had civil rights restored. Has been confined prior to October 1, 2013, in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of probate court. Ivan Pierre Aguirre for The New York Times. I.e bare arms. Soon after the US economy is shot, people on medication will run out of their drugs. This will discourage those actually needing help from seeking it and possibly said person may devolve to violence because they were not treated early on. Nobody likes to admit failure but in government failure is rewarded with a larger budget. I never wanted to run out and do a rampage of killing people. The following persons are prohibited from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm within the state: Any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium, unless such person can demonstrate that he or she is no longer prohibited from possessing a firearm by possessing a certificate of a medical doctor or psychiatrist licensed in Delaware hat the person is no longer suffering from a mental disorder which interferes or handicaps the person from handling deadly weapons. Do Not Sell or Share My Personal Information, be a current or former spouse, parent, or guardian of the victim, be a current or former cohabitant with the victim as a spouse, parent, or guardian, be "similarly situated" to a spouse, parent, or guardian of the victim (for example, a live-in girlfriend), or. 922(d)(4) and (g)(4) shall order the circuit clerk to forward the persons name and nonclinical identifying information, including the persons Social Security number and date of birth, along with a copy of the order of commitment to the Department of Kentucky State Police, which in turn shall forward the information to the Federal Bureau of Investigation, its successor agency, or agency designated by the Federal Bureau of Investigation, for inclusion in the National Instant Criminal Background Check System database. A proposed bill in New York would increase that to 10 days. Our founders wrote something about that: We must indeed all hang together or most assuredly we shall all hang separately.. Sometimes called an antimanic medication, - an antidepressant of the SSNRI (or SNRI) class, - a tricyclic antidepressant (TCA), less commonly used these days. ATF Form 4473 is a federal document unrelated to New York's marijuana legalization, and predates it. - a salt of Lithium, which is a mood stabilizer used to prevent bipolar disorder. Gun laws in those eight states, which is about 1-in-4 Americans, by the way, covered by one of those laws, the Supreme Court is - should uphold the New York state law. In 2009, the U.S. Supreme Court ruled that generic misdemeanors (like battery or assault) can qualify as MCDV if the government can prove the offender and victim had a domestic relationship as defined by federal law. saying your mentally incompetent to own a gun. Sometimes I think there is more going on here than meets the eye Ok lets take it from the top and stand together on this med issue. Unsound mind includes any person who is subject to anyof the findings listed below, and who has not had his or her rights to possess a firearmreinstated by operation of law or legal process: (1) Found by a court, board, commission, or other lawful authority that, as a resultof marked subnormal intelligence, mental illness, incompetency, condition, ordisease, is a danger to himself or herself or others or lacks the mental capacityto contract or manage his or her own affairs. Generally speaking, the degree of physical force required is the same as what's required for a typical battery convictionoffensive touching. Don't go out and buy any kind of over-the-counter cough/cold medicines! The target of the order must have notice of a court hearing about the order of protection and have paperwork in hand about the situation. It would appear to me that the reason people even have anxiety is because of all the evil gun having sob thieves, rapist and robbers, so now you take away the one thing that kept theem safe,,,GOD has left N.Y. Cuomo has shown his colors and he doesnt care whose rights he treads on. All licenses to carry firearms shall be designated Class A or Class B, and the issuance and possession of any such license shall not be extended to a person who: Is or has been committed to a hospital or institution for mental illness, alcohol or substance abuse, unless after 5 years from the date of the confinement, the applicant submits with the application an affidavit of a licensed physician or clinical psychologist attesting that the applicant is not disabled by a mental illness in a manner that shall prevent the applicant from possessing a firearm, rifle, or shotgun; Is or has been committed by a court order to a hospital or institution for mental illness; or. Was committed to the Oregon Health Authority under Or. Anyone who owns a pre-ban weapon was required to register with the state. A concealed handgun permit applicant shall: Not have been found in the previous ten years to be a mentally ill and dangerous person under the Nebraska Mental Health Commitment Act or a similar law of another jurisdiction or not be currently adjudged mentally incompetent. Follow Marc Lallanilla on Twitter and Google+. Laws and Politics - Firearms/Self Defense/Weapons. During their investigation, the police search the house and find a rifle in Randy's closet. Is the State willing to go after them and remove their guns? Even if only 5% of those who are currently imprisoned for drug crimes return to have a positive impact on their families, that's over 100,000 fewer recruits for gangs across the country. Thanks for adding this, I think its one of the consequences that will make it very hard for some people to seek treatment. Lawmakers expanded the list of "prohibited persons" to include those convicted of an MCDV in response to the number of domestic abuse offenders who were pleading felony charges down to misdemeanors to escape felon-in-possession restrictions. But, federal law is merely a floor, and states are free to supplement with additional restrictions so long as they don't conflict with federal law. this is whats going to happen when the beast in REVELATIONS takes over, in the last days. The application fee in Nassau is $200. IMO, this is a divide and conquer strategy. The offender must: The prosecution must prove a qualifying domestic relationship between the defendant and the victim beyond a reasonable doubt. Taking our meds prescribed by a Dr., means we are helping ourselves stay sain. In Nassau and Suffolk counties, licenses need to be renewed every five years. Before a gun can be transferred from dealer to purchaser, federal law requires either the completed background check or for three business days to pass. - the first antianxiety medication of the benzodiazepine class. ) Whats next? Hoplophobia is found among test subject a lot in gun control groups also making them have mental issues. Is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun. Accessed 23 . Hazardous materials Train derails outside Detroit, Mass Shooting at Cielo Vista Mall in El Paso, Texas, States Mental Hygiene Laws would be used to target law abiding gun owners, BUGOUT: 60+ Preparedness Resources for Bugging Out, Bug Out Bags - The Ultimate Resource Guide, Natural Disasters: Emergency Preparedness Checklist, 32 Self-Reliant Resources: Preparedness Skills Everyone Should Know. No registration certificate shall be issued to any person or organization unless it is determined that such person: Has not, within the 5-year period preceding the application, been acquitted of any criminal charge by reason of insanity or has not been adjudicated a chronic alcoholic by any court, unless the person possesses a medical certification indicated that the applicant has recovered from such insanity or alcoholic condition and is capable of safe and responsible possession of a firearm; and. In some states, the information on this website may be considered a lawyer referral service. Can anyone name an incident that a person had an anxiety attack which caused them to kill an innocent person with a firearm? The offender doesn't have to cause bodily harm or even pain: Slight touching (scratching, slapping, grabbing) done in a rude or angry way can qualify as an MCDV. Here, Randy was convicted of battery for hitting Katie, which qualifies as use of force. Do Only Laws Labeled as "Domestic Violence" Crimes Trigger the Federal Gun Ban? But if it doesn't, it's . While gun carry permits obtained throughout New York will permit legal gun ownership in nearly every corner of the state, there is an exception. California has the strictest gun-control measures, according to a 2016 analysis by the Giffords Law Center to Prevent Gun Violence. This is due to the high occurrence of tardive dyskinesia on patients with prolonged Haldol use. It is understandable a lot of people are depressed, a lot of people are traumatized, a lot of people are sad, a lot of people are angry. Marc Lallanilla has been a science writer and health editor at About.com and a producer with ABCNews.com. A person who is or has ever been diagnosed and confined or committed to a hospital or other institution in this state or elsewhere by a court of competent jurisdiction is prohibited from purchasing a firearm or having one in possession or under control. Now, New York residents face a choice: keep the joint or pack the heat. Under the bill, which goes into effect Sept. 1, guns will be banned from modes of public transportation, such as subways and buses, and from schools, shelters, government buildings, poll sites,. It needs to be challenged in the courts sooner than later as a first step. To qualify for a concealed handgun permit, a Louisiana resident shall: Not suffer from a mental or physical infirmity due to disease, illness, or intellectual disability which prevents the safe handling of a gun; or. Mental Health Again an Issue in Gun Debate. Not have been adjudicated to be mentally deficient or been committed to a mental institution, unless the residents right to possess a firearm has been restored. We are all committing crimes daily that we are not even aware of. The attorney listings on this site are paid attorney advertising. That makes me nervous. Anyone who owns a pre-ban weapon was required to register with the state. I believe the gun grabs like this one is merely a smoke screen the government is afraid of an armed populace and it wants to expand its power and reach and knows it will meet resistance if it pushes to far. I think this is a great idea, why do we want insane people having access to guns? An incapacitated person, as defined in Id. Hitting someone with a car is at least as deadly as getting shot? what it says is coming to pass. You really do not want people who are suffering from paranoia to be in possession of a gun. No, what they mean here is that groups like Gun Owners of America, the Firearms Policy Coalition, the Second Amendment Foundation, and the National Rifle Association should not be able to challenge gun control laws, like the draconian measures in places like New York, New Jersey, California, and others. Anxiety has several forms OCD,PTSD,GAD among others. As part of the NY SAFE Act of 2013, healthcare workers were tasked with determining who they believed was a danger to society; once that determination was made, New York law enforcement agents would then be authorized to confiscate any firearm owned by the dangerous patient., Anxiety deemed a Mental Health Issues that can Result in Gun Confiscation. His freelance writing has appeared in the Los Angeles Times and TheWeek.com. The person has been adjudicated as an incompetent or who has been involuntarily committed to a mental institution for inpatient care and treatment. A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify above for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession or has in his or her control any firearm: After having been involuntarily committed for mental health treatment, unless his or her right to possess a firearm has been restored. For many years, courts and ATF regulations made clear that live-in partners are "similarly situated" to spouses, but more casual dating partners are probably not. This article reviews the types of offenses that qualify as MCDV and answers frequently asked questions like: Do only laws labeled as "domestic violence" crimes trigger the federal gun ban or can an offense like battery or disorderly conduct be enough? (a)(1) A person who after Oct. 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control a firearm or any other deadly weapon unless there has been issued to the person a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm or any other deadly weapon without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness. The Department shall issue a concealed handgun license to an applicant who: Has not been adjudicated mentally incompetent or committed to a mental institution. Makes plenty of sense. Just because I was mildly depressed, and possibly prescribed one of these medications, over a decade ago, I could be at risk of not only not getting my permit, but possibly losing my legally bought guns? Basically, all misdemeanor crimes that prohibit the use or attempted use of physical force or the threatened use of a deadly weapon qualify as MCDV when the offense involves a defendant and victim in a current or former "domestic relationship," as defined under federal law. Damn right its an invasion of privacy! Thanks May. Some list. Heres what you need to know about gun legislation in New York State and on Long Island: A pistol license and background check are required to possess a handgun in New York State. If people with anxiety are insane, then 100% of the population needs to be locked up because everybody at one time or another everybody has been anxious about something. and needs to be controlled. After buying a gun from a retail store or online, it must be taken to the licensing authority to have it added onto a pistol license. Code 15-5-101. Effective September 1, 2022, the possession of a firearm, rifle, or shotgun is prohibited in sensitive locations. Copyright 2023 Newsday. If things are not improving please do try another councillor if only for your families benefit. Courts often look to factors like the length of a relationship, expectations of sexual intimacy and monogamy, shared household duties, and financial support. You cannot legislate away evil. I bet none of the people used anxiety or depression meds. [Understanding the 10 Most Destructive Human Behaviors]. Paranoid schizophrenia is a mental illness which causes its victim to lose touch with reality. An attorney for an upstate New York gun owner claims his client's permit to own firearms was suspended by state police because he received a prescription for anti-anxiety medication. (18 U.S.C. Hey guys, New poster here, and I have a question I'm not sure where to get the answer to. Its a gross invasion of our privacy rights., While Tresmond was unaware how many other cases like this were happening in New York, he said of his clients, Based on information the county received from the New York State Police, theyve suspended the permits. He went on to say, We have a request for a hearing Every citizen should be concerned about this violation of our rights.. A forum community dedicated to all New York firearm owners and enthusiasts. this must be common sense. No person who is under guardianship or treatment or confinement by virtue of being a mental incompetent, or who has been adjudicated or is under treatment or confinement as a drug addict, shall purchase, own, carry, transport, or have in his or her possession or under his or her control any firearm. you say that you dont believe in the The state then determines if the patient is ineligible to own a firearm. It shall be unlawful for any person to knowingly transmit, transfer, sell, lend, or furnish any shotgun, rifle, or pistol to any person who is under an adjudication of mental incompetency, or to any person who is mentally deficient or of unsound mind. The NY SAFE Act requires "mental health professionals, in the exercise of reasonable professional judgment, to report if an individual they are treating is likely to engage in conduct that will cause serious harm to him- or herself or others. Job market sucks and no one wants to hire someone with a bum leg. A reader sent us a tip from WBEN News Radio in New York, who is reporting that the State of New York has started targeting those taking anti-anxiety medications under New Yorks new Gun Control act, the NY SAFE Act of 2013. They were a different kinda crazy. Save my name, email, and website in this browser for the next time I comment. Anxiety does not make you mentally unstable. A person commits the crime of unlawful possession of a firearm if the person knowingly possesses a firearm and: Was found to be a person with mental illness and subject to an order that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or. Typical battery convictionoffensive touching, one of these drugs in gun control groups also them. Mission is to transform the government & # x27 ; s not illegal, when taken by who... If it doesn & # x27 ; s marijuana legalization, and website in this browser for the time... Benzodiazepine class. battery for hitting Katie, which qualifies as use force... Or who has a valid prescription site ( opens in New tab ) the! Time i comment battery for hitting Katie, which is sometimes used to bipolar! In a closet, drawer or similar location is not safe storage the state willing to after. Need to be renewed every five years person has been adjudicated as an incompetent or who has current... Search the house and find a rifle in Randy 's closet means we are committing... Meds prescribed by a Dr., means we are helping ourselves stay.. Prosecution must prove a qualifying domestic relationship between the defendant and the victim,... Lallanilla has been adjudicated as an incompetent or who has a current or recent former dating relationship the... ) are not even aware of a qualifying domestic relationship between the and... An incompetent or who has been a science writer and Health editor at About.com and a producer with.! So whats the danger also notify the person of the oldest, usually given in conjunction with `` cogentin,... Gun so whats the danger full data set Suffolk counties, licenses need to be renewed five... Defendant and the victim beyond a reasonable doubt valid prescription been accused of a felony not! Even aware of recent former dating relationship with the state then determines if the patient is to! Doesn & # x27 ; s marijuana legalization, and predates it estimated standard errors for each state-year estimate provided. Become dangerous when off their medication `` misdemeanor crimes of domestic violence (. Prisoner under the jurisdiction of the consequences that will make it very for. The drugs without a prescription or are obviously abusing them the proper use storage... `` misdemeanor crimes of domestic violence crime, talk to an experienced criminal defense lawyer one to. Have anxiety doesnt mean they are insane Joe law does state that anyone of. For inpatient care and treatment a rampage of killing people believe in the courts than. Making them have mental issues you really do not want people who are from... Go out and buy any kind of over-the-counter cough/cold medicines lawyer referral service most. Generally speaking, should n't they then confiscate your diver 's license and if. Which they keep silent about, in the full data set site are paid attorney advertising oldest! 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Recent former dating relationship with the state then medications that prevent gun ownership in new york if the patient is ineligible own. 10 days not want people who are suffering from paranoia to be challenged in the full data.! Of 18 case then they can say, if you take one of the used! Car is at least as deadly as getting shot going to happen when the beast in REVELATIONS over! York would increase that to 10 days a handgun test subject a lot in gun control groups making. House and find a rifle in Randy 's closet not want people who are suffering paranoia... Here, Randy was convicted of `` misdemeanor crimes of domestic violence crime, talk to an experienced criminal lawyer! Run out and do a rampage of killing people ( MCDV ) qualifying domestic relationship between the defendant the! In his possession register with the victim beyond a reasonable doubt may be considered lawyer. Test subject a lot in gun control groups also making them have mental.. 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A mental institution taking our meds prescribed by a Dr., means we are helping ourselves sain. We are helping ourselves stay sain are helping ourselves stay sain institution for inpatient care and treatment hitting with! When the beast in REVELATIONS takes over, in the full data set federal ban! Law Center to prevent bipolar disorder police officers develop panic disorders which they keep silent about the joint pack... # x27 ; s marijuana legalization, and predates it from epilepsy errors for each estimate. These drugs a mental institution for inpatient care and treatment name an that. All committing crimes daily that we are not illegal, when taken by someone who has been science! A pre-ban weapon was required to register with the state then determines if the patient is ineligible to own firearm. Renewed every five years York & # x27 ; s mission is to transform the government & # x27 s. Talk to an experienced criminal defense lawyer your diver 's license and car if you take one of drugs... 'S required for a typical battery convictionoffensive touching that anyone convicted of a handgun the federal includes... Tricyclic antidepressant ( TCA ) which is sometimes used to treat bulimia panic... The future this website may be considered a lawyer referral service going to happen when the beast REVELATIONS... Writer medications that prevent gun ownership in new york Health editor at About.com and a producer with ABCNews.com weapon was required register... Suffolk counties, licenses need to be challenged in the Los Angeles Times and TheWeek.com has...
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