Home Forums Hunting & Shooting Hunter's Campfire NY Red Flag Law Unconstitutional

In NY, the "Supreme Court" is actually the trial level court. Above that is the Court of Appeals. This was a trial court case.

Ex-boyfriend requested a red flag order for a woman, which was granted. Judge found that RKBA is a fundamental right, not subject to such action without due process, and simply filing a request doesn't make muster. He ruled that the required due process has to be on a par with the requirements for imprisoning someone.

"Some arms I keep- - - - -Others I bear!"

And the ATF just changed the definition of a frame or receiver yet again today.

More winning.

But, will the NY Appeals Court uphold his decision? Will this have to go to the US District Court, then to SCOTUS?

All red flags laws are unconstitutional.

SCOTUS as it stands today will not hear this case, they will remand for reconsideration as they have already ruled on the issue in Bruen.

There were no EPOs in the era of the Founding, just as the Western District of Texas Federal Court found US Code 922 (g) (8) unconstitutional because it did not comply with this Nation’s historical tradition of firearm regulation, there were no restraining orders in 1789.

If we can get cases with plaintiffs with standing in the pipeline this is how we will gain back our 2nd Amendment Rights.

Back to the drawing board for NY yet again for unconstitutional weapons laws. Win win!

Hopefully something positive for second amendment rights will come of it. But you can bet that the powers that be in Noo Yawk politics are already working on a plan to get around the ruling.

Make that All laws that infringe on RKBA are unconstitutional.

when has Democrats ever cared what the Constitutions said?

This.

Excellent news. This has always seemed a no brainer to me. They all need to fall now, like ducks in a row.

Let's hope so. It needs to be a US Supreme Court decision, so all of them can go at once.

Gives the schitbirds something to do.....

I have to be honest with you, as someone with bipolar in the family, it would scare the hell out of me to not have any recourse in disarming somebody having a manic episode.

You’d need to live with full blown mania to understand the precarious situation a firearm in the mix would have.

So let me put it to you folks, should there be recourse to disarm somebody in mental distress? What should the criteria be for disarming somebody who is hearing voices?

Barkoff, I believe that what you are describing was the original intent and you are correct in what you’re saying.

The problems begin when these laws take on a life of their own and go far beyond original intent like most all restrictive firearms laws tend to do.

There are no easy answers to the issue.

I think the person should get to defend themselves against the order, the presumption should not be that the person in the submission is incompetent to have a firearm. The burden of proof should be on the person or state submitting the order.

Its wrong that in many places the first a person learns of a red flag order is a knock on the door at 4am

Exactly. Yes, there should be a process and it needs to be rapid and it needs to be accountable and responsive to the defendant as well. The current systems are rife for abuse and not accountable to anyone.