The State Police are countering Erie County Clerk Chris Jacobs’ claim that they ordered him to revoke the pistol permit of an Amherst man because of his past use of anti-anxiety medication.

Jacobs announced in a press release earlier today that he had been “following a recommendation” from the law enforcement agency when he revoked the permit of David Lewis, who had been medicated “at one point,” according to his attorney.

Just before the close of business yesterday, Jacobs said, he receivd a call from the State Police saying they had made an error, which he was quick to cast as a failure to “do their due diligence.” But the State Police see the situation differently, as is evident by the following statement that they just released:

“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.”

Jacobs, a Republican, had said that this case is proof there is a “serious flaw” with the mental health provision of the SAFE Act, and he’s certainly not the first to make that claim.

Jacobs is scheduled to join me on CapTon this evening, and I’ll be getting his reaction to this latest development.