NY Supreme Court: Red Flag Law Unconstitutional

Aaron Spuler is a firearms enthusiast and recreational shooter. Follow more or his work at The Weapon Blog

The New York law that enables the confiscation of guns from people who haven’t committed a crime is unconstitutional, a state Supreme Court judge has ruled.

This red flag law, or the Extreme Risk Protection Order law, lets individuals—including police officers—petition a court to allow the seizure of firearms from a person they believe poses a threat to themselves or others.

If a judge agrees, the judge can direct law enforcement to take guns from the person in question.

The law, which took effect in 2019, has led to the issuance of more than 1,900 removal orders.

However, the law is in violation of the U.S. Constitution’s Second and 14th amendments because it doesn’t “sufficiently protect a citizen’s rights,” state Supreme Court Judge Thomas Moran said in a ruling in late December 2022.

Read the rest of the article: https://www.theepochtimes.com/new-york-gun-control-law-unconstitutional-ny-supreme-court_4961613.html