How New York state’s ‘Red Flag’ law works; new gun law takes effect Saturday

[Jmac00]

One thing I haven't seen with regard to these so called red flag laws, - are there are any restrictions regarding the accusers. That is, - do the accusers have to be located in the same state as the firearm owner?

In my case, I was put through the "red flag law" process a couple of years before NY passed their own red flag law when my local PD Chief objected to my using "profanity" to keep a man who has threatened my life on multiple occasions away from me and off of my property. He wrote the local PPO demanding that my permit be revoked. It was suspended. It cost me a lot of aggravation; had to hire a lawyer to go to court to testify; and about 6 months to get my handguns back. I see a big part of that problem being that NY is a "may issue" state. Cross the wrong person, and you may kiss your permit goodbye. That's exactly what has happened to that judge in Genesee County recently as I recall.

I feel a bit safer re my guns now that I am living in NC, - a "shall issue" state, but not entirely so. And here is why. Both of my parents died within the last 10 years. To date, my two siblings have been fighting me over their estates, (and none of us have seen a penny so far). It seems as though part of their plan was to file multiple police complaints against me over my owning guns. Possibly in the hope that they could get me to retaliate against them; getting arrested, and thereby becoming disqualified to serve as their executor in NY. If so, they failed. But it was shocking to see the level of hatred they displayed, and the efforts they went to. One actually had me SWATted, by calling 911 and claiming that I was threatening their life with "unlicensed handguns", and then hung up the phone, - (and yes, that brought the cops in a hurry).

My lawyer suggested to me that I FOIA myself to see if there had been other complaints against me, and to my shock, I found there were almost 50 police reports in file where my siblings had been calling in to the cops making countless utterly false complaints against me alleging threats, etc., - and all were filed from outside of NY state. The amazing thing is, - knowing that they hated my guts, I have stopped ALL contact with them years ago, except in writing through my lawyer. Nothing, - no phone calls, texts, emails, letters, pony express or otherwise, - nothing! And yet they continued to file false police reports alleging that they felt threatened, etc.

My point is this: I see these red flag laws as extremely unfair (complete lack of due process), and extremely dangerous. In NY, all it took was a BS accusation to take my handguns away, given NY's wishy washy may issue process BEFORE there was a red flag law in place in NY. I felt as though here in NC at least, unless I actually get arrested for something, that my guns were safe from seizure, given the "shall issue" standard used. But now, with a NC red flag law under consideration, as well as a federal one, I don't feel nearly as safe from confiscation of my firearms. Especially, if accusations can come from anyone, without regard to where they might be located.

I haven't checked lately to see if my siblings are still filing false accusations, either in NY, or here in NC. But given their track record to date, I will honestly not be surprised if the police show up at my door someday with an ERPO to seize my guns.

Many have warned that red flag laws are going to open a huge can of worms. I think that firearm owners are very likely targets when anyone out there has a grudge against you. And as long as laws are being passed that place no consequences on people making false accusations, I expect there will be a pile of them filed.

As for me, I'm ready and waiting for the shit to hit the fan.

It's my understanding that anyone, anywhere can file a complaint and be completely anonymous. My issue has always been, the Monroe County Shariff or any LEO officer could wake up tomorrow morning and decide to pick your name out of a list and say "today, this guy loses his guns"....you have no recourse,. Except to hire a lawyer to get your property back. They are counting on people not to have the resources to do that

 

[Steal2B]

any LEO officer could wake up tomorrow morning and decide to pick your name out of a list and say "today, this guy loses his guns"....you have no recourse,.

 

[livingston]

The ultimate question is how much will it get abused because it can and will be abused.

Homeowners in Danby standoff not owed compensation, court finds
Tompkins County, N.Y. – A judge has ruled that the homeowners whose property was destroyed in the 2015 standoff on Hornbrook Road in Danby are not owed compensation from the Tompkins County Sheriff’s Office or the county
Attorneys for the sheriff's office argued that the complaints in this suit should be dismissed on the grounds of governmental immunity. The court sided with the defense team's argument. Even if the sheriff's office had acted unreasonably, as the plaintiffs alleged, the decision states that the defendant still could not be found liable.

"As these defendants were engaging in discretionary acts for a governmental purpose, they are entitled to absolute immunity and thus whether their actions were reasonable or not is irrelevant," Fitzgerald's decision reads.

The court also weighed arguments from the plaintiffs that the sheriff's office violated two constitutional protections. The plaintiffs alleged that law enforcement violated their Fourth Amendment protection against unreasonable search and seizure and 14th Amendment right to due process.

Fitzgerald's decision rejects the plaintiffs' claim that a tactical team was called in to serve a DWI warrant, saying that after learning Cady was armed law enforcement set up a perimeter "to protect the citizenry and themselves from an armed man."
https://ithacavoice.com/2018/09/homeowners-in-danby-standoff-not-owed-compensation-court-finds/

 

[Steal2B]

Homeowners in Danby standoff not owed compensation,
/

There was absolutely no doubt that Administrative Judge Molly Reynolds Fitzgerald, a liberal partisan and open LGBTQ actvist who presided over the case, would make this judgement.

 

[livingston]

From the article above ....

As these defendants were engaging in discretionary acts for a governmental purpose, they are entitled to absolute immunity and thus whether their actions were reasonable or not is irrelevant," Fitzgerald's decision reads
And this reasoning will be used against anyone that would protest when that knock is on the door....Anyone that has a beef with one of us can bring the full weight of the government down on our heads .... Ever get into an argument with an ex sister in-law Perhaps the alcoholic father in-law .. Not looking good ...

 

[livingston]

Red Flag Laws: Insincerity on Steroids - Gun Owners of California
Red Flag Laws: Insincerity on Steroids

August 15, 2019 by L.A. Paredes Leave a Comment

A lot of folks laughed (including the GOC team) when President Trump tweeted about the possibility of CNN’s Chris Cuomo falling victim to red flag laws after his viral explosive “Fredo” rant:

Would Chris Cuomo be given a Red Flag for his recent rant? Filthy language and a total loss of control. He shouldn’t be allowed to have any weapon. He’s nuts!

It might be funny but it’s also true – and the President should pay attention to the truth of his own words. People have lost their gun rights for behavior far less sinister than a millionaire anchorman coming unglued and threatening to *&%$# throw someone down the stairs just for being called “Fredo” (that’s the less-than-bright brother from the Godfather’s Corleone family).

Pay attention, people – this could absolutely happen. Why? Because red flag laws – or “extreme risk prevention orders” allow law enforcement, family members, ex-whatevers, co-workers, teachers, etc., to request for the temporary removal of firearms from anyone they think could be a danger to themselves or others. And think about it – coming “unglued” is highly subjective because your definition of unglued might be far different than your hyper-sensitive neighbor’s.

 

[VietnamEraVet]

From the article above ....

As these defendants were engaging in discretionary acts for a governmental purpose, they are entitled to absolute immunity and thus whether their actions were reasonable or not is irrelevant," Fitzgerald's decision reads
And this reasoning will be used against anyone that would protest when that knock is on the door....Anyone that has a beef with one of us can bring the full weight of the government down on our heads .... Ever get into an argument with an ex sister in-law Perhaps the alcoholic father in-law .. Not looking good ...

All it will take is a "mere accusation" like, "He's big and loud, and he's angry at me..., and he has guns...", and BOOM! You're in the shit!

 

[Defilade]

First off it's personal property! It's called Stealing. Second, This shit is so Anti-American/ UN-Constitutional Hitler is laughing in his grave.