Court Rules NY Red Flag Law Not Constitutional

New York’s red flag law has been ruled unconstitutional, knocking down a key gun control measure as the state pushes revamped gun laws Through the courts.

New York’s “Extreme Risk Protection Order” law, enacted in 2019, allowed people to request that firearms be temporarily seized from their owners if they’re deemed likely to seriously harm themselves or others. 

However, the event took place in December. decisionThe law was ruled by the New York Supreme Court “does not sufficiently protect a citizen’s rights” It is “hereby dismissed, in its entirety.” 

The ruling came as the state’s new gun control framework remains under a flurry of litigation after being overturned by a landmark Supreme Court ruling over the summer, as reported by The New York Times.

The decision was made by Justice Thomas Moran of the New York Supreme Court. He wrote that the law is invalid because it violates the Constitution. “permits (and in some cases demands)” It is possible for non-experts not to make the decisions which, “due to lack of education, experience, or expertise, they should not be authorized or capable of making.”

This definition is for “likelihood to result in serious harm,” The law was based on similar mental health laws that allow for voluntary hospitalization. That law, however, requires that physicians determine the likelihood and severity of harm. “great majority” Referrals for red-flag law would be made by non-experts, lawyers, school administrators, and family members. The matter will be decided by “lay people,” The ruling is applicable.

The court ruled that red flag laws must be able to provide expert medical advice in order for them to be legal.

Daniel Strollo was the New York attorney who fought against the law. tweeted He was “very happy with this result” It created a “very quick and easy mechanism to deprive somebody of their fundamental Second Amendment rights,” according to WHAM local outlet

“You have people who are essentially not medical professionals expressing medical opinions that result in the deprivation of rights,” Strollo said. “And you have a procedure that essentially allows somebody to lose those rights without ever having gone in front of a judge.”

The “red flag” Law is a signature gun control measure that has been enacted in one form or another by at least 19 states. reported by Wall Street Journal

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