New York State claims that insomnia is sufficient mental illness for retired cop to have his guns taken away

A decorated retired New York cop is suing the state for taking away his guns.  From Fox News:

. . . Donald Montgomery’s lawsuit contends that Gov. Andrew Cuomo and other state officials violated his Second Amendment rights when his guns were seized after a brief hospital stay for insomnia. Montgomery, a cop for 30 years and a U.S. Navy veteran, brought the lawsuit in Rochester Federal Court on Dec. 17, according to the Daily Caller. 

The SAFE Act became law with little public debate after Cuomo convinced lawmakers that New York needed to do something after the mass shooting at the Sandy Hook elementary school in Newtown, Conn. 

Montgomery was the owner of four guns -- a Colt .38 handgun, a Derringer .38, a Glock 26 9-mm. and a Smith & Wesson Bodyguard 380. 

His troubles started when he visited a Long Island hospital in May complaining of insomnia. He was discharged with a diagnosis of “depression, insomnia” and then returned a short time later for a 48-hour stay. The lawsuit says that during that visit, staff erroneously listed him as an “involuntary admission,” triggering the SAFE Act reporting provision. Those deemed at-risk for owning guns by mental health professionals have to be reported and their names entered into a database. 

The lawsuit claims Montgomery should not have been reported because he was not a threat to himself or others. The suit says a hospital psychiatrist told him “You don’t belong here” and “I don’t know why you were referred here.” . . .