How the Red Flag Law will work upon taking effect this weekend


BUFFALO, N.Y. (WIVB) — Erie County District Attorney John Flynn held a conference on Thursday morning to discuss the new Red Flag Law.

What this legislation does is allow certain authorities to file a court petition to keep a person from owning, buying or trying to purchase guns.

That petition is called an “Extreme Risk Protection Order.”

The person a petition would be filed against would have to pose a potential threat to their self or others.

Once the petition is filed, a judge in State Supreme Court may render a decision that day. If it’s granted, the respondent must be notified and a hearing has to be scheduled within three to six days.

New York is the 13th state to enact a law like this. It was signed by Gov. Andrew Cuomo in February, and takes effect on Saturday.

The goal is to prevent tragedies from occurring.

“This new law is of particular importance to law enforcement and school officials because far too often family members, educators and police observe alarming behavior in an individual or student, but have not been able to take preventative action,” Flynn said.

“This is phony baloney,” retorted Jim Ostrowski, a pro-Second Amendment attorney and author.

“I don’t think this has been thought through,” Ostrowski added. “It does violate the Second Amendment because it takes away your right to do something before you’ve done anything to merit that.”

Before this law, people could only be prevented from having guns if they were charged with a crime.

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