Firearm Surrender and Mental Disease Findings in New York Criminal Procedure

Stephan M. Carlson, MD, MBA, FAPA · Criminal Competency and Responsibility

Firearm disqualification in New York does not flow from a diagnosis. It flows from a specific legal event—an insanity acquittal, an involuntary commitment, or a practitioner's likelihood-of-harm report—each with its own statute and its own evidentiary demands. Confusing the clinical fact with the legal trigger is how these opinions go wrong. Three different findings, three different firearm pathways A "mental disease finding" is not one thing in New York criminal procedure, and the firearm consequence depends on which finding the court actually makes. The affirmative defense of lack of criminal responsibility is governed by Penal Law §40.15, which excuses a defendant who, because of mental d

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