The Albany Times-Union says a Yates County woman is suing the state over a provision of the NY SAFE gun control law, saying she should have been allowed legal representation when police impounded her guns last year.
Rochester lawyer Paloma Capanna says her client, Donna McKay, should have had the right to defend her handgun license.
McKay had a bad reaction to cough syrup and was hospitalized for a night. Soon after, State Police came with an order to confiscate her guns. Doctors had reported her under the NY SAFE Act provision requiring them to flag anyone who is involuntarily committed to a hospital. Being on that list flags a person on state and federal watch lists as a possible risk.
McKay, who is a lifelong hunter, eventually got her permit and her guns back. But Capanna says she should have been granted legal counsel for such an important hearing and was denied due process. She says her client also improperly remains on the federal watch list, which may cause her problems down the road.