What You Need to Know About New York State’s ‘Red Flag’ Law
There are many items making the New York news, but there is one that I needed to get more information about. I keep hearing about the "Red Flag Law." When hearing about it on the news or reading about it, no one seems to say exactly what the law is.
Yes, I just might not have been looking in the correct place, but the following is what I found out about the New York State Red Flag Law.
When did New York States Red Flag Law go into effect?
According to a press release from NYS Governor Hochul's office, the law went into effect August 25, 2019. The law is referred to as the 'Red Flag Law' but it is actually called the Extreme Risk Protection Order (ERPO) law.
What is the goal of the Extreme Risk Protection Order law in New York State?
The law is designed to allow the guns of people who appear to be a threat to themselves or a potential threat to others from obtaining or purchasing a gun. The law also allows for (with due process) the guns to be removed from the homes or possession of persons who (in most cases) legally obtained those weapons.
SEE ALSO: Who Legally Cannot Own a Gun in New York State?
The key wording in this law is that a person has to appear or be believed to be a threat to themselves or others.
Can a member of the police force, walk into someone's home and just seize a gun?
As of May 2022, there has to be a further investigation along with a consultation with a medical professional for the seizures to be considered. The court has to be petitioned before anything can happen.
Here is a look at the Gun Crime numbers across New York State:
Here is a look at the Gun Crime numbers across New York State. Where does your county rank? Surprised?
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