In re the License to Carry a Pistol Issued to McKay, 34 N.Y.S.3d 354

Respondent Donna L. McKay held a pistol license since 2008; license was suspended after the Yates County Clerk received a New York State Police notice (April 13, 2015) stating she had been “adjudicated as a mental defective or has been involuntarily committed.”
Notice originated from an OMH entry via the eJusticeNY portal labeling McKay under prohibitory category “D”; OMH provided no underlying records or affidavits to the court.
On April 7–8, 2015 McKay voluntarily presented to the hospital ER and sought admission to the psychiatric unit for panic/anxiety related issues; treating physician Dr. Marino documented a voluntary admission, no suicidality, no psychosis, good insight, and low violence risk.
Dr. Marino completed a generic Safe Act/Mental Hygiene form indicating the patient was in the mental health unit; he testified the form did not indicate involuntary commitment or adjudication of mental defectiveness.
The State Police letter did not identify the factual basis for claiming adjudication or involuntary commitment; the court found no evidence McKay was involuntarily committed or adjudicated incompetent.
The court held a hearing and concluded McKay is not within 18 U.S.C. § 922(g)(4)’s prohibitory category and that there was no good cause to revoke her pistol permit; court ordered reinstatement and return of firearms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether McKay was “adjudicated as a mental defective” or “committed to a mental institution” under 18 U.S.C. § 922(g)(4)	State (via NYSP/OMH notice): OMH entry indicates McKay falls into prohibitory category D (adjudicated/committed)	McKay: admission was voluntary; no court adjudication; OMH produced no records showing involuntary commitment or adjudication	Held: Not adjudicated or involuntarily committed; § 922(g)(4) does not apply to McKay (voluntary admission not a disqualifying commitment)
Whether Safe Act/OMH electronic report and NYSP notice sufficed to establish disqualifying status	State: OMH report and subsequent NYSP notice authorized suspension and custody of firearms	McKay: OMH/NYSP provided no supporting documentation; treating physician confirmed voluntary status	Held: Notices alone insufficient absent supporting records; erroneous characterization by NYSP; court rejected notice as establishing disqualifying status
Whether there was "good cause" to revoke McKay’s pistol permit under Penal Law § 400.00(11)(a)	State: licensee may be unfit due to recent psychiatric hospitalization flagged by OMH/NYSP	McKay: longstanding safe possession since 2008, medical records show anxiety/panic disorder, low violence risk, voluntary admission, good insight	Held: No good cause to revoke; substantial evidence did not show lack of fitness or statutory disqualifier; permit reinstated

United States v. Waters, 23 F.3d 29 (2d Cir.) (involuntary admission under state law can constitute "commitment" for § 922(g)(4))
Pacicca v. Allesandro, 19 A.D.3d 500 (2d Dep't 2005) (court has broad discretion and credibility determinations in pistol permit revocation)
Butts v. Dwyer, 6 A.D.3d 1101 (4th Dep't 2004) (hearsay may support administrative revocation)
Vale v. Eidens, 290 A.D.2d 612 (3d Dep't 2002) (pistol license may be revoked for any good cause)
Perlov v. Kelly, 21 A.D.3d 270 (1st Dep't 2005) (standard of proof for revocation is "good cause" based on substantial evidence)
Scully v. Safir, 282 A.D.2d 305 (1st Dep't 2001) (minimal evidentiary requirements for administrative determinations)
Abramowitz v. Safir, 293 A.D.2d 352 (1st Dep't 2002) (review of procedural and evidentiary sufficiency in license matters)
Dorsey v. Teresi, 26 A.D.3d 635 (3d Dep't 2006) (public safety interest justifies careful review of licensee fitness)
Pelose v. County Court of Westchester County, 53 A.D.2d 645 (2d Dep't) (court may revoke license where conduct shows lack of necessary temperament or character)