On Saturday, August 24, 2019, the New York “red flag” law went into effect.
Signed by Governor Andrew Cuomo back in February, the Extreme Risk Protection Orders (ERPO) measure enables state prosecutors, police officers, school officials, and family members to submit a request to confiscate firearms owned by individuals who are considered a threat to others and themselves. Additionally, the law prevents such individuals from buying or owning a firearm.
Keep in mind, New York law enforcement officials will not simply take away a person’s guns after receiving a complaint. All petitions must have evidence of risk (i.e. the individual has access to firearms and is a danger to themselves or others) attached and a hearing will be held.
When a petition is filed, a hearing date can be determined on the same day. A gun owner has the right to appeal any petition.
If a judge approves the petition, the police can immediately remove any firearms from the person’s home. Next, another hearing will be scheduled within three to six days to determine if the firearms should be kept out of the home for up to a year—through a protective order. These orders can be renewed each year.
Are You at Risk of Getting Your Guns Taken Away?
At Jonna Spilbor Law, we understand that this new law could allow people to make baseless allegations to threaten your right to bear arms. If you have been “flagged” after being accused of a crime and risk losing your firearms, our legal team is committed to protecting your gun rights and your freedom.
For more information about the New York red flag gun law, contact us today at (845) 485-2529 a request a case evaluation.