N.Y. SAFE Act Victim’s Case May Continue

The New York SAFE Act has been damaging to gun owners in the Empire State. Isaac Richey has fought New York for years and recently learned his case may continue.

Isaac Richey is a victim of New York’s SAFE Act. Specifically, he was erroneously entered into the database of disqualified persons due to the Mental Health Hygiene Law that was part of the Act. Years ago Richey sought voluntary mental health help while he was in the military and stationed in New York. Unknown to him, he was entered into the database of those disqualified from firearm possession. Richey learned last month that his case will be allowed to continue with some caveats.

As previously reported, Richey was dealing with an ill family member and their subsequent death. Richey sought extended leave from the military and was denied the ability to attend his loved one’s funeral. Richey had reservations about returning to an environment that he described as “hostile” for multiple reasons. He said that he “had extreme suicidal ideations” and stated he could “be considered suicidal” at that time.

An out-of-state friend who was worried about Richey called the military police where he was stationed. The MPs found Richey in duress and determined that seeking voluntary help was probably the best course of action for him. Richey voluntarily admitted himself for care but unknowingly ended up disbarred from firearm ownership.

In 2022, years after the event and after being honorably discharged from the military, Richey attempted to purchase a firearm in another state. His NICS check came back denied. Richey spent months trying to reconcile the problem with the system and came up with roadblock after roadblock. He had to sue when neither the federal government or New York authorities would help him.

There’s nothing that disqualifies Richey from firearm possession via statute. However, during his voluntary commitment in New York, a healthcare worker entered him into the database as someone who would then be unable to purchase or possess firearms. New York’s Mental Health Hygiene law is what allowed this to occur. Richey’s information went into the federal database and that’s at the heart of the lawsuit.

March 2023 is when Richey v. Sullivan et.al. was filed.

A July 3, 2025 order from the federal court charted out Richey’s standing and confirmed the case could still proceed. “Defendants have moved to dismiss the amended complaint in its entirety,” the order stated. The court dismissed Richey’s 14th Amendment claims and his facial challenge to MHL § 7.09(j)(1) — the statute that allowed for this mess to happen. Multiple defendants were also dismissed from the suite due to the 11th Amendment and immunity clause.

“Richey’s Second Amendment claims arising out of the maintenance of his information in the NICS database pursuant to the 2019 Admission [may] proceed,” was stated in the conclusion of the order.

The court observed that:

Richey has plausibly alleged that OMH’s maintenance and/or transmission of his information to the NICS database violates the Second Amendment, and that Commissioner Sullivan has a sufficient connection to the maintenance and transmission of OMH records to the NICS database.

Another note from the court stresses their skepticism towards some of the defendants’ claims:

Defendants argue that Richey’s opportunity to be heard regarding his inclusion in the database was at the time of the 2019 Admission. Defs.’ Mem. at 24. However, given that Richey was permitted to access firearms at least until the end of his military service on April 15, 2020, the Court is skeptical of defendants’ claim that Richey had reason to be aware of his inclusion in the NICS database before then.

This order does not give Richey everything he was looking for in the way of who’s responsible and on what grounds he may challenge the disqualified status. However, he does have a clear path forward to regain his rights and looking at the details of his case, it’s likely he’ll succeed in the long run. There’s a strong Second Amendment claim here and text, history, and tradition likely are on his side, though with arguments yet to be scheduled, he’s not likely to get relief anytime soon.

Editor’s Note: Radical leftist judges are doing everything they can to hamstring our Second Amendment rights.

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