Donald Montgomery filed a lawsuit against the governor of New York and other state officials Dec. 17 in a U.S. District Court in Rochester, N.Y., the Washington Times reported.
Montgomery claims that the SAFE Act gun control law signed into effect by Cuomo in January 2013 violated his second, fourth, fifth and 14th constitutional amendment rights.
Montgomery's firearms were confiscated by authorities in May, his license suspended in June and his permit suspended in September after he sought treatment for insomnia.
According to Fox News, Montgomery stayed in a Long Island hospital for 48 hours due to insomnia, and had been discharged with a diagnosis of "depression and insomnia."
However, Montgomery claims in his suit that during his stay the hospital staff listed him as an involuntary admission patient, which forced it to report Montgomery as an at-risk gun owner to the criminal justice services. Montgomery says he admitted himself to the hospital and a psychiatrist had told him he did not belong in the hospital and could not understand why he had been referred to it.
Montgomery wants the judge to strike down the Mental Hygiene Law under the SAFE Act because he believes it violates his privacy, the Washington Times reported.
He also wants the state to issue a new law that requires all individuals to receive written notification that their health information has been shared with the police.
