A retired police officer and Navy veteran claims his legal guns were seized by police after he was mistakenly diagnosed as mentally unstable.

Donald Montgomery is now suing New York Gov. Andrew Cuomo and state officials for violating his constitutional rights.

Montgomery and his attorney, Paloma Capanna, appeared on "Fox and Friends" this morning to discuss his lawsuit.

Montgomery says he went to the emergency room and was given medication. The medication didn't work, and he later returned to the emergency room voluntarily for sleep problems. After 48 hours in the hospital, during which he slept fine, he was released.

Montgomery says he was mistakenly diagnosed as mentally unstable and his guns were seized under New York's new SAFE Act gun control law.

Capanna said it appears there is a mental health reporting system operating across the state between medical providers, the Office of Mental Health, the Department of Criminal Justice Services, the New York State Police, county law enforcement, county clerks and local law enforcement.

"So essentially what happens is once you are tagged as a mental defective or involuntarily committed, your personal health information hits the bureaucracy and goes statewide.

Montgomery said what he would like is for the Constitution to be observed and for personal medical information to not be sent around the state for unauthorized people to see.

Watch more above.