NY Courts Can Order Someone’s Guns be Confiscated

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NYS Supreme Court Justice Explains New 'Red Flag' Law - Part One of Two

UTICA–Under New York’s “Red Flag” law, sweeping into effect late-August, someone can petition the court to have someone’s guns confiscated.

“This law was designed to protect our community from school shootings, and these random things of people getting guns and going into a Walmart or going into another public place and shooting people…”

NY State Supreme Court Justice Bernadette Clark, 5th Judicial District

Law enforcement, family members and school officials can petition the state supreme court for a judge to issue a ‘temporary extreme risk protection order’ against someone threatening an act of violence against oneself or others.

The law indicates ‘relevant factors’:

  • Did the person buy a gun, deadly weapon, dangerous instrument or ammo recently?
  • Have they recklessly used, displayed or brandished a gun?
  • Have they violated an order of protection?

State Supreme Court Justice Bernadette Clark said law enforcement, where the respondent lives, will serve the protection order.

“It could be the sheriff’s department, it could be the City of Utica PD, it could be Rome PD, it could be state police and — of course — if it’s a small town or village police department, they could ask for assistance as well when they go to serve these,” Clark said.

State Supreme Court Justice Bernadette Clark

Following this, the respondent can make their case. Tune in to Eyewitness News on Sept. 3 for those details.

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