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New York's Red Flag Law for gun-control goes into effect today

Christian Fernsby |
The Red Flag Law is going into effect today in New York.

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Topics: NEW YORK    GUN    LAW   

"The scourge of gun violence and mass shootings plaguing the United States in recent years is only getting worse, and it is fueled in part by Washington's failure to keep deadly firearms out of the hands of people who threaten violence against others," said Governor Andrew M. Cuomo.

"New York has led the charge to end this madness by passing the strongest gun safety laws in the nation, including the Red Flag Law that was enacted this year and goes into effect today. This law makes New York the first state in the nation to empower teachers, law enforcement and family members to pursue court intervention when they believe someone is a danger to themselves or others.

"Nearly half of all perpetrators of mass shootings exhibit warning signs before the shooting; this new law will help keep guns away from those dangerous people in the first place and prevent needless tragedies.

"This is a big step forward for common sense gun safety, and it is time for the federal government to follow New York's lead. My message to President Trump and Senate Republicans is simple: Stop kowtowing to the NRA. Enact a national Red Flag Law now. Lives depend on it."

It would allow certain authorities to seek the temporary removal of firearms from individuals who pose a threat to their own selves or to the general public, even if they haven't been arrested.

One local authority admits it will be a challenge to ensure public safety while also respecting Second Amendment protections.

Under the Red Flag Law, if a request for an Extreme Risk Protection Order (ERPO) is granted by a court, the person named must be notified, after which a hearing is required three to six days after that individual received the notice.

Authorities may remove firearms from that person's possession, as well as forbid the person from buying a firearm, for up to one year but they also have the right to apply for a renewal within 60 days of the original order's expiration.


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