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Andrew Cuomo Signs “Red Flag” Gun Confiscation Bill Into Law in New York
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Andrew Cuomo Signs “Red Flag” Gun Confiscation Bill Into Law in New York

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The legislation allows gun rights to be stripped from private citizens without any criminal conviction.

On Monday, New York Governor Andrew Cuomo (D) signed gun confiscation into law for New York. The new law expressing the state’s hostility to the Second Amendment “will save lives and doesn’t infringe on anyone’s rights,” Cuomo said Monday in New York City.

The “Red Flag” law, also known as the extreme risk protection order bill, will take effect 180 days from the date of signing.

Under the law, private individuals, law enforcement and school administration can apply to the courts to get a “temporary extreme risk protection order” against an individual they personally deem a threat to themselves or others, which – if initially approved by a judge – can lead to banning them from buying, possessing or attempting to buy firearms for up to 6 days.

“During that time, a hearing would have to be held on extending the length of the order up to one year. It permits police to confiscate any weapons possessed by the individual,” Buffalo News reported.

If the final order is granted by a judge, the owner will have to relinquish their weapons to law enforcement, which will retain them during the length of the order. Any firearm license will also be suspended during the duration of the order.

The owner can appeal a court’s decision through the state’s appeals courts. They can also request during the one-year order period a hearing to reconsider the case. Police have to leave a receipt for any confiscated firearms with the owner.

At the same time, however, before the one-year period is up, the person who sought the order can file a request for a renewal of the order within 60 days of its expiration. Then there will be another round of hearings.

“To all the survivors and their families, to advocates, to the moms who demand action, you’re getting it today,” Cuomo said during an event at the John Jay College of Criminal Justice in Manhattan.

“Over half of the school shootings, the teachers now say there were signs. There were signs in the person’s behavior, in the destructiveness, students who were suicidal, over half the time there were signs.”

“When the teacher sees there’s a problem or a family member sees there’s a problem and believes that a person could be in danger to themselves or others, they can go to a judge and say, ‘Please do an evaluation, I think this young person needs help. Please help them. How many lives could have been saved?’” Cuomo said, describing the tenets of the new law.

It’s called an extreme order of protection, CBSN New York’s Marcia Kramer reported.

“New York is proud of what we’ve done on the issue of gun violence,” Cuomo said, touting passage of the SAFE Act enacted in 2013, which banned assault weapons, high capacity magazines, and required background checks for private sales. At the moment New York already has some of the toughest gun control laws in the country. Firearms deemed to be “assault weapons” are banned, and the state has imposed a licensing system for ownership of all guns.

Cuomo was joined at a signing ceremony for the red flag bill by U.S. House Speaker Nancy Pelosi, as well as various gun control advocates, including Linda Beigel Schulman, a Long Island woman whose son, slain school teacher Scott Beigel, was among the students and staff killed last year at Florida’s Parkland school mass shooting.

House Speaker Nancy Pelosi, center left, joins New York Governor Andrew Cuomo, center right, as they pose for a picture after signing a gun control bill at a ceremony in New York, Monday, Feb. 25, 2019. / Seth Wenig, AP

“This is not about politics. It’s not about partisanship. It’s about patriotism. It’s about the constitution of the United States of America,” Pelosi said, adding that, under Article 1, the legislative branch has the power of the purse.

“So this is not about partisanship. This is about saying we must honor our oath of office. To let the executive branch get away with this assault on the constitution, we would be delinquent in our duty to the oath of office that we take and defile the core, the heart, of the constitution, which is the separation of powers, co-equal branches of government as a check and balance on each other.”

Pelosi also ran to Twitter in praise of the new law.

She tweeted, “American families deserve to see bold action to prevent gun violence. Thanks to @NYGovCuomo & the New York State Legislature for leading the way by passing the Red Flag Bill & providing an example of the commonsense solutions that will save lives!”

The legislation was subject to intense debate from gun rights advocates in the Legislature when it passed in January. Among the complaints is the difficulty – and financial expense – individuals will have in trying to get their guns returned if or when they are no longer deemed a threat.

Assemblyman Brian Manktelow, R-Lyons, Wayne County, said the Red Flag Law may be well intended, but it has too many loopholes.

“We are doing nothing to help these people during the time it takes to get this order in place, nor are we doing anything to help them during the three- to six-day period while they wait for a hearing. In that time a person can find another way to hurt themselves or others,” Manktelow said in a statement last month.

Executive director of the New York State Rifle and Pistol Association and a board member of the National Rifle Association Tom King last month called the gun control package approved by the Legislature “a massive assault” on Second Amendment rights.

“I don’t want mentally challenged individuals getting a firearm, but this red flag law lacks any sense of due process,” King said when the bill passed.

The authors of the bill, however, say there are ample protections built into the law to protect due process of gun owners and buyers.

“Family and household members are often the first to know when someone is experiencing a crisis or exhibiting dangerous behavior. They may even report their fears to law enforcement, but in New York, as in many other states, law enforcement officers may not have the authority to intervene based on the evidence they are provided, sometimes resulting in preventable tragedies, including interpersonal gun violence or suicide involving a gun,” states a legislative memo in support of the legislation.

According to the Breitbart,

California enacted a similar law five years ago. California has a similar confiscation law and it did not prevent the November 7, 2018, Borderline Bar & Grill shooting.

Illinois has a red flag / firearm confiscation law, too, and it did not prevent the February 15, 2019, shooting at the Henry Pratt Company.

Florida also has a red flag / firearm confiscation law, and it did not prevent the August 26, 2018, Jacksonville Landing shooting or the January 23, 2019, SunTrust attack that killed five in Sebring, Florida.

In the meantime, Cuomo said this “has to be done nationally” because it’s too easy for guns come across state lines.

Pelosi echoed him, saying “This gun violence issue is a national health epidemic in our country.”

Author: USA Really