Swartz was known to battle depression, so an indictment did not help his mental state as it often rattles even those who have no such malady.

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"Federal laws safeguarding the confidentiality of veterans' treatment records do not authorize VA mental-health professionals to comply with this New York State law, " Ballesteros said in a prepared statement.

WSJ: VA says it won't follow New York gun law

If the former student pleads not guilty by reason of insanity, it would extend the proceedings while he is evaluated by state mental health officials.

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At the Mental Health Association of New York State, chief executive Glenn Liebman said the concern is not just veterans who won't get treatment for fear of the stigma of being listed in the state database or who will hide serious issues from their therapists.

WSJ: VA says it won't follow New York gun law