ALBANY, N.Y. (WIVB) - Erie County Clerk Chris Jacobs says State Police erred in moving to have the pistol permit of an Amherst man suspended.
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After days of controversy, State Police Superintendent Joseph D'Amico responded. The full statement follows:
The SAFE Act requires mental health professionals to file notification when a medical professional determines that an individual he or she is treating is at risk to themselves or others. Medical prescription records are strictly private and not shared with the state, and no firearm license would ever be revoked for an anti-anxiety prescription.
The notification forwarded to the Erie County Clerk's Office required additional follow-up before a positive identification of a person at risk to themselves or others became final. The State Police was very clear in its letter to the Clerk's Office regarding the need for due diligence and the need for a positive identification by the County before they removed any weapon.
The final determination on whether to revoke or suspend a pistol permit license rests solely with the County and the licensing officials. The State Police has no authority to suspend or revoke a pistol permit in these circumstances.
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