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New York “red flag” gun law to take effect Aug 24
Posted: Thursday, August 22, 2019 3:44 PM
Joined: 3/8/2018
Posts: 814

Since there have been several posts about removing guns from PWD homes, this is timely for NY:

The measure, also known as an extreme risk protection order law, would allow a judge to order the confiscation of a person’s guns if law enforcement, school officials, or a family member signs a statement saying they believe the person to be a potential danger to themselves or to others. The individual would also be prevented from buying any guns while the order is in effect.   

After authorities take the guns away, a due process hearing would be held, where evidence would be presented, including things the person might have said to others or on social media. After that, if the judge finds that evidence “clear and convincing," they could extend the protection order for up to one year.  

 New York also has another means to keep guns away from potentially dangerous individuals. The mental health database was approved as part of comprehensive gun control measures, known as the SAFE Act, that was passed in 2013, shortly after the Sandy Hook, Connecticut school shooting. The provision requires mental health professionals in New York to notify authorities if they think a patient might engage in conduct that would result in serious harm to themselves or others. The list is maintained by Cuomo’s Division of Criminal Justice Services.  

Posted: Thursday, August 22, 2019 4:01 PM
Joined: 9/8/2017
Posts: 2298

Sel, good thing you brought this up....I’ve been wondering about some families struggling getting their LOs diagnosed to begin with...we need to keep educating future caregivers beginning this awful journey to be prepared and plan ahead.
Posted: Thursday, August 22, 2019 8:51 PM
Joined: 3/8/2018
Posts: 814

Here’s the list of the other states with red flag laws


Which states have implemented red flag laws?

  • California
  • Colorado
  • Connecticut
  • Delaware
  • District of Columbia
  • Florida
  • Hawaii (effective Jan. 1, 2020)
  • Illinois
  • Indiana
  • Maryland
  • Massachusetts
  • Nevada (effective Jan. 1, 2020)
  • New Jersey
  • New York
  • Oregon
  • Rhode Island
  • Vermont
  • Washington

Posted: Friday, August 23, 2019 6:58 AM
Joined: 4/3/2019
Posts: 257

Thanks Sel- Wondering where other states are in this process . . .
Michael Ellenbogen
Posted: Friday, August 23, 2019 7:17 AM
Joined: 11/30/2011
Posts: 3337

Its not easy to even own a gun in NY.