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NY's New 'Red Flag' Law Will Seize Guns From Those Deemed By Courts To Be An 'Extreme Risk'

New York Gov. Andrew Cuomo has signed legislation that will take guns out of the hands of suspect individuals who raise a “red flag” and could cause harm to themselves or others.

Cuomo, joined by House Speaker Nancy Pelosi, signs the Red Flag Bill, a key component of his 2019 Justice Agenda.

Photo Credit: NYGovCuomo
Ref Flag Law.

Ref Flag Law.

Photo Credit: Contributed

Cuomo signed the Red Flag Bill - also known as the extreme risk protection order bill - into law on Tuesday, which prevents individuals who show signs of being a threat to themselves or others from purchasing or possessing any kind of firearm.

According to Cuomo, “this legislation builds on New York's strongest in the nation gun laws and makes New York the first in the United States to empower its teachers and school administrators to prevent school shootings by pursuing court intervention.”

"The United States loses more people to gun deaths than most developed nations. The first year of President Trump's administration, we lost 40,000 people to gun deaths - the highest number in 50 years,” the governor stated. “New York led the way by passing the strongest gun safety laws in the nation, but more must be done to end this carnage.

Under the new law, a court can issue an order to temporarily seize weapons from a person who shows red flags such as violent behavior, or is believed to pose a severe threat of harm to himself, herself, or others unless that person has also been accused of a crime or family offense.

Cuomo noted that no other state in the nation currently empowers its teachers and school administrators to prevent school shootings by pursuing court intervention.

“Today New York is proud to pass the first-in-the-nation Red Flag Bill that empowers school teachers to do something when they believe something bad is going to happen,” he said. “We are empowering teachers not by giving them guns like the President wants - but by arming and empowering them with the law, so when a teacher or family member sees there is a problem, they can go to a judge and get a court-ordered evaluation. The Red Flag Bill will save lives and doesn't infringe on anybody's rights and it is common sense.”

Westchester County District Attorney Anthony Scarpino, Jr., said that “ It will help us make Westchester safer and more secure. Families, community members, school personnel and law enforcement can now make a case for the courts to imposed Extreme Risk Protection Orders, to remove weapons temporarily from a person in crisis. It is an important tool in preventing situations of mass violence in schools, workplaces, houses of worship or public spaces, and in our homes where suicide and domestic violence become deadly when a gun is involved.”

In a press statement, Cuomo cited the Parkland, Florida shooting last year, noting that the shooter was reported by multiple sources to be disturbed and dangerous, though there was no law in place to prevent him from possessing weapons.

“These bills are bold and far-reaching, containing strong, comprehensive solutions to save lives and end the crisis of senseless gun violence in America,” Speaker Nancy Pelosi stated. “Leaders in the State House and in the U.S. House must continue to work together to ensure that no other family is forced to endure the tragedy and heartbreak of gun violence, whether in our schools, in our places of worship, on our streets or in any place.”

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