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Stronger push to pass 'red flag' legislation in NYS

BUFFALO, N.Y. (WIVB) - In the aftermath of the California mass shooting, there's a stronger push to pass 'red flag' legislation, or Extreme Risk Protection Orders in New York State.

'Red flag' legislation would block people, deemed to be dangerous to themselves or others, from having a gun.

In a statement, Governor Andrew Cuomo said, "Over a year after the shooting in Las Vegas, this tragedy is another painful reminder of the scourge of gun violence that continues to plague our society. These acts of senseless violence are occurring with frightening regularity, and yet Washington has resigned itself to doing nothing. Thoughts and prayers will not prevent another shooting-but action can. Two days ago, Americans made clear that they want a return to reasonable politics. We are resolved to do all we can to uphold that vision, and to make our streets safe as well."

Governor Cuomo went on to say that his administration will take additional steps to make state laws even stronger when it comes to gun safety.

Democratic Assemblyman Sean Ryan calls the proposed legislation common sense.

"Do you want people with mental illness who are making threats against themselves or others to maintain their gun ownership? We don't want that to happen," said Ryan.

Gun rights activist Budd Schroder told News 4 it would be hard to prove if a person is a danger and/or made violent threats.

"How would you do that against an accusation? If I said you threatened my life and you didn't and I said you did and I told it to the police, how would you prove that you didn't say that to me," questioned Schroder.

Ryan says it wouldn't be simple to prove. Allegations made against people would have to go through due process.

"It will be hard to prove, it's supposed to be hard to prove, that's why this is a law that people shouldn't fear. A court would have to adjudicate to involuntarily commit somebody, it's a very high standard," said Ryan.

The bill has already passed in the Assembly. It still has to go through the Senate which will soon be controlled by democrats.

"There has to be a compromise on this, that a person has to be found guilty of a crime or a condition before they can actually lose a constitutional right.," said Schroder.


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