Erie Co. D.A. discusses Red Flag Law before it takes effect
- Thread starter gunpoliticsny
- Start date
Carlos Hathcock
.450/400 Nitro Ex
He prosecutes by current bowel discomfort. Nothing more. If you're connected, red flags will never wave in your face.
MothMan
.338 Win Mag
What I took away was this.
Legal gun owners can have their guns taken away while never having been arrested.
Legal gun owners can have their guns taken away while never having been arrested.
What I took away was an opportunistic guy who thinks a lot of himself (notice the cuff link shirt he was wearing); wants to generate as much good publicity with the liberal voters in Erie County for himself as he can; and who will help polish up your Red Flag complaint for free. That way, when he runs for a higher office, he can claim to have helped a bunch of "little people" in making their world safer...
Next, I expect to see other groups, like Mom's against BJ's, and others to begin holding seminars for those endangered women and children, on how to file these reports against all of those big, bad, male gun owners. Time will tell.
Next, I expect to see other groups, like Mom's against BJ's, and others to begin holding seminars for those endangered women and children, on how to file these reports against all of those big, bad, male gun owners. Time will tell.
ManrisFrack
.223 Rem
That lying piece of shit! "I can't take Dad's gun!"
Bullshit! It says in the god damn law that the cops HAVE to take all guns they see or find as a result of the search (which won't be limited to juniors room, it'll be the whole residence and maybe the whole property). Then the lawful owner has to go to court, PROVE that they're the lawful owner and get a court order before the cops can give them back.
If they didn't intend to grab guns owned by parents or guardians they never would've given accusatory power to schools. The vast majority of students cannot legally own guns. Why give the schools the power to accuse if there are no guns to take in the first place???
NY Civil Practice Law and Rules
Article 63-A
Section 6342, Paragraph 8.
"...The law enforcement officer shall take possession of all firearms, rifles and shotguns that are surrendered, that are in plain sight, or that are discovered pursuant to a lawful search."
Bullshit! It says in the god damn law that the cops HAVE to take all guns they see or find as a result of the search (which won't be limited to juniors room, it'll be the whole residence and maybe the whole property). Then the lawful owner has to go to court, PROVE that they're the lawful owner and get a court order before the cops can give them back.
If they didn't intend to grab guns owned by parents or guardians they never would've given accusatory power to schools. The vast majority of students cannot legally own guns. Why give the schools the power to accuse if there are no guns to take in the first place???
NY Civil Practice Law and Rules
Article 63-A
Section 6342, Paragraph 8.
"...The law enforcement officer shall take possession of all firearms, rifles and shotguns that are surrendered, that are in plain sight, or that are discovered pursuant to a lawful search."
He repeatedly reassured us that he would make sure the report was credible before the order was issued. First, he's a politician. Of course I believe whatever he says. Second, assuming he actually kept his word and didn't abuse the law, what exactly happens when he vacates that office and some other politician that is perhaps less careful takes over ?
These orders are BAD F'IN NEWS FOR THE CITIZENS OF THIS COUNTRY.
These orders are BAD F'IN NEWS FOR THE CITIZENS OF THIS COUNTRY.
Saltwater60
.950 JDJ
This is bad. I see rights removed before any due process or conviction.
They go before a judge without your knowledge? Why would the order not be approved at that point?
Then if it’s your kid he says lock up your guns? Already a law for 16 and under. Wait it gets better give them to your brother or uncle. That’s illegal under the safe act.
I can’t believe this is a civil proceeding and not criminal proceeding. This law needs to be challenged on the level of proof and no criminal action needed to remove guns.
They go before a judge without your knowledge? Why would the order not be approved at that point?
Then if it’s your kid he says lock up your guns? Already a law for 16 and under. Wait it gets better give them to your brother or uncle. That’s illegal under the safe act.
I can’t believe this is a civil proceeding and not criminal proceeding. This law needs to be challenged on the level of proof and no criminal action needed to remove guns.
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Acer-m14
.950 JDJ
what law ?? .. they can't buy them per law .. what law says to own ??
I'm 10 yrs old and dad says this is your gun .. its mine now .. ???
ManrisFrack
.223 Rem
So when the 12 year old kid (I'm fairly certain the minimum in NY is 12 with a hunting license and 16 without) gets cleared and he goes to get "his" gun back, how is that going to work? He's a minor. Can they legally give it back to him or would his parent need to take possession? Let's not forget the safe storage law that just passed too. That applies until 16. Still, the cops or FFL can't transfer it back to a person under the age of 18. If they do seize "dad's guns" how does he prove that it's his and not his son's? The last purchase records for both "his guns" and "his son's guns" will be in the father's name unless they make out a receipt for the gift. The difference hinges on if the court believes that one gun was actually gifted and one was not. So for all practical and legal purposes, who really owns that gun? It's murky at best.
Even if that portion of my argument proves false, there's still the statute clearly stating that the officer has to seize all guns discovered. They can take dad's guns, they will take dad's guns, and it appears the law was written to specifically encourage that to happen.