Pressure grows on NY state senate GOP to back ‘red flag’ gun bill

[Madmallard]

New York Senate Republicans face new pressure to back a bill that would let judges confiscate weapons from dangerous individuals after several Democrats who share power with the GOP signed on as co-sponsors.

The so-called “red flag” law would let guns be seized from people deemed dangerous by their own relatives or law enforcement.

Independent Democratic Conference leader Jeff Klein on Wednesday said he backs the measure, as do six of the seven other IDC members. Staten Island Sen. Diane Savino, already a co-sponsor, said taking guns from violent individuals “make sense to me.”

At least 25 senators in the 63-member chamber have signed onto the bill drafted by Sen. Brian Kavanagh (D-Manhattan).

The other IDC backers are Marisol Alcantara, Tony Avella, Jose Peralta, David Carlucci and Jesse Hamilton of Brooklyn. The eighth member, David Valesky of Syracuse, declined comment.

Meanwhile, GOP Sens. Marty Golden, of Brooklyn, and Philip Boyle, of Bay Shore, LI, said they’re open to the bill but need to see specifics.

https://nypost.com/2018/02/21/pressure-grows-on-state-senate-gop-to-back-red-flag-gun-bill/

 

[Jezman]

No violation of your rights there. None at all.

 

[livingston]

The so-called “red flag” law would let guns be seized from people deemed dangerous by their own relatives or law enforcement
No cause for concern there folks ... I am sure the ACLU will be right on this

 

[Saltwater60]

Can we have one of these for politicians. I’m seeing lots of red flags right now from the ones that said they would protect our gun rights. They all seem to be rolling on us.

 

[togmaster]

Can we remove dangerous politicians that are a threat to our constitution?

 

[Grimscale]

Can we remove dangerous politicians that are a threat to our constitution?

Wasn't that the original purpose of the 2nd?

Seriously, though, why is it so hard to include the line "after being given a chance to stand up in court and face their accusers"?
NO ONE should lose their Rights without due process and a chance to defend themselves. Otherwise "freedom" is a myth, and this Country is nothing more than a fascist police state.

 

[Dr. Evil]

"My cousin owes me money" or "he cheated on me with my wife" and owns guns. Sick 'em boys.

 

[Catskillkid]

My concerns exactly echoed here. What constitutes a dangerous individual? He's always grumpy? Late for work? Gets a little heated in arguments/disagreements? Went through a bad break-up and maybe said some things he shouldn't? And where the hell is the due process recourse to have your rights restored? Oh, that's right? The 2nd Amendment is a privilege that can be taken away whenever someone in power arbitrarily decides it.

One more reason to

 

[VietnamEraVet]

I've been thru the false accusation mill, with my permit suspended, forced to turn in my guns, and go to NY Supreme Court to try and get them back, - all while NOT KNOWING what I was even accused of. Only took 6 months and a lot of aggravation (and some coin) to get restored.

False accusations (and especially ex-parte ones) suck, and if this law passes it will only get worse for gun owners,- especially when it comes to disgruntled employees, angry spouses, pissed off siblings, or some angry asshole neighbor.

Complaints like: Officer, please help me! He's big and loud and angry, and he said mean things to me, and he owns guns...and he slammed the door in my face...and I'm scared of him...and I'm pretty sure he beat his ex wife...and...and...and...

 

[Shadow2]

NY has been a facist police state for years we my need the rest of the country to feel the sting before shit changes.

Wasn't that the original purpose of the 2nd?

Seriously, though, why is it so hard to include the line "after being given a chance to stand up in court and face their accusers"?
NO ONE should lose their Rights without due process and a chance to defend themselves. Otherwise "freedom" is a myth, and this Country is nothing more than a fascist police state.

 

[Carlos Hathcock]

Sounds like McCarthyism.

 

[NY Leatherneck]

Isn't this already a law in some form or substance? Domestic abuse claim the judge will order your firearms turned in etc.....

 

[Robin]

Sounds more like fascism to me. Socialist dictators of all stripes, from the commies to the nazi's have pulled this same kind of subterfuge since their existence.
Robin

 

[RBean]

Yes, this is already the law, except to petitioner has to be a "family member" of some sort, or a person in the household, or maybe one close to the household, or one who is a relative, or wants to be or is a close friend or enemy. Who knows. Anyway, they go to family court, say he/she spoke mean to me, I'm scared. Immediately the ex parte Order of Protection is issued, the automatic e-mail goes out to the cops and the swat team is at your door taking your guns. I mean the same day, within hours or maybe minutes. Except under the Family Court Act 842 you are entitled to a hearing within 14 days. Many times the judge quickly gets to the bottom of the BS and vacates the order. But guess what? The cops keep your guns. The judge was not given authority to order them returned. There is "due process" in the FCA, but the cops ignore it and so far, except for three cases, two US District Courts and one 2nd Circuit decision, nothing is done to correct this. Oh yes, the cops ignore these federal cases also, and pretend they don't exist. Just like the Heller and McDonald decisions don't exist. (They only apply in the United States, not New York).

 

[Celt]

Can we remove dangerous politicians that are a threat to our constitution?

We can, but there may be consequences. Oops, they will see this and deem me "dangerous" now.

I really hate these fuckers.

 

[Twogunwilly]

First day of school: "Please raise your hands if your parents or caretakers have guns"

 

[Mr. terzmo]

open season on any and all

 

[Grimscale]

Staten Island...
Manhattan...
Brooklyn...
Bay Shore, LI...

Anyone else detecting a trend here?

NYC needs to become it's own territory, and to leave us the hell alone!

 

[RBean]

After a person says you talked mean to them and they are scared, your guns are taken on an ex parte order. Then you have your "due process" hearing. It goes something like this.

It has been found that you talked mean to your 13 year old niece and did to agree with her joining ANTIFA.

Your are charged with being a member of a subversive organization. (libertarian party, republican party, Christian Church, NYSRPA, NRA, SAF etc).
Your are charged with reading prohibited foreign literature. (Bible, US Constitution, gun forums etc).
You have refused to join THE CORRECT PARTY. ANTIFA SOCIALIST DEMOCRATIC OPEN BORDERS PARTY OF THE NEW WORD ORDER.

Because of this, ("there is no place for you in NY") it is determined that if the STATE POLICE attempt to take your guns a second time, you might resist, therefore you are dangerous and we must KEEP your guns.

You are free to leave NY ("there is no place for you in NY") but you cannot take any money out of the state and forfeit all pensions, real estate, automobiles and personal property to the STATE which will be used to support the members of ANTIFA who do not have time to work because of their important political social activities. You have 15 minutes to decide if you wish to leave under those conditions or if you wish to reform and change your ways and remain in our socialist paradise. NEXT CASE.

 

[Camaro45th]

Anyone else detecting a trend here?

NYC needs to become it's own territory, and to leave us the hell alone!

I did try to start a petition to get a different governor for NYC and the rest of the state....

 

[Madmallard]

These people are working to do something to free upstate from the cesspool known as downstate.
http://www.newamsterdamny.org

 

[VietnamEraVet]

Yes, this is already the law, except to petitioner has to be a "family member" of some sort, or a person in the household, or maybe one close to the household, or one who is a relative, or wants to be or is a close friend or enemy. Who knows. Anyway, they go to family court, say he/she spoke mean to me, I'm scared. Immediately the ex parte Order of Protection is issued, the automatic e-mail goes out to the cops and the swat team is at your door taking your guns. I mean the same day, within hours or maybe minutes. Except under the Family Court Act 842 you are entitled to a hearing within 14 days. Many times the judge quickly gets to the bottom of the BS and vacates the order. But guess what? The cops keep your guns. The judge was not given authority to order them returned. There is "due process" in the FCA, but the cops ignore it and so far, except for three cases, two US District Courts and one 2nd Circuit decision, nothing is done to correct this. Oh yes, the cops ignore these federal cases also, and pretend they don't exist. Just like the Heller and McDonald decisions don't exist. (They only apply in the United States, not New York).

A couple of the more reasonable members of my local PD told me a bit of info about this exact situation. Apparently, if you get stuck in this type situation, and your CCW gets suspended, if the cops show up at your house, they WILL take all of your guns, - not just your handguns. Then, after you have jumped through hoops, and gotten your permit restored, you may be able to finally get your handguns back. BUT..., as your long guns aren't on your permit, the cops are taking the position that they are under no obligation to return the long guns to you WITHOUT A COURT ORDER SPECIFICALLY DIRECTING THEM TO DO THAT! They are taking the position that you may still be a threat to whomever, and they won't return them to you for fear that you may go shoot someone with them, and then the PD will get in hot water or worse for having returned them to you.

Total bullshit! My local cops told me that they are waiting until those long guns have been in their possession 1 year, at which point they are claiming that they can (and did) legally "dispose" of them. Then they are keeping the nice ones themselves for their private collections. One particular case I was told about referred to a local guy who got an OOP against him, and they took his German WWII trophies he had and that they kept for themselves. The cop who told me about it was practically giddy over it.

A classic case of corruption and outright theft.

 

[oc shooter]

Again it never ends

 

[masterswimmer]

A couple of the more reasonable members of my local PD told me a bit of info about this exact situation. Apparently, if you get stuck in this type situation, and your CCW gets suspended, if the cops show up at your house, they WILL take all of your guns, - not just your handguns. Then, after you have jumped through hoops, and gotten your permit restored, you may be able to finally get your handguns back. BUT..., as your long guns aren't on your permit, the cops are taking the position that they are under no obligation to return the long guns to you WITHOUT A COURT ORDER SPECIFICALLY DIRECTING THEM TO DO THAT! They are taking the position that you may still be a threat to whomever, and they won't return them to you for fear that you may go shoot someone with them, and then the PD will get in hot water or worse for having returned them to you.

Total bullshit! My local cops told me that they are waiting until those long guns have been in their possession 1 year, at which point they are claiming that they can (and did) legally "dispose" of them. Then they are keeping the nice ones themselves for their private collections. One particular case I was told about referred to a local guy who got an OOP against him, and they took his German WWII trophies he had and that they kept for themselves. The cop who told me about it was practically giddy over it.

A classic case of corruption and outright theft.

Please explain something to me. I'm incredibly confused. In your post you sound surprised at the cops revelation to you. Why?

 

[VietnamEraVet]

Please explain something to me. I'm incredibly confused. In your post you sound surprised at the cops revelation to you. Why?

I used to be on very friendly terms with my local PD. However, ever since I became an active gun owner (I was not when I was married as my ex was anti gun), I have seen things that leave me cold when it comes to a few of those officers.

I just was not aware of it until some of it happened to me. Maybe I'm a bit surprised that some of them would be open enough to tell me of the dishonest crap going on. I still think most of them are decent guys, but IF I were doing that crap, I would be smart enough to keep my mouth shut.

 

[wtb12ga]

My concerns exactly echoed here. What constitutes a dangerous individual?

Among other things, buying a gun or ammo:

35 2. In determining whether grounds for a temporary extreme risk
36 protection order exist, the court shall consider any relevant factors
37 including, but not limited to, the following acts of the respondent:
...
48 (g) evidence of recent acquisition of a firearm, rifle, shotgun or
49 other deadly weapon or dangerous instrument, or any ammunition therefor.

New York State Assembly | Bill Search and Legislative Information

Although, to be sure, having ever actually possessed a gun or ammo isn't necessary to get an order to keep you from doing so and having your home swept for them.

Edit: In case this wasn't clear, the bill did die in the Senate, and the session ended, so barring an extraordinary session, it's not happening in New York this year. Vote!