{"id":91558,"date":"2023-04-04T17:10:24","date_gmt":"2023-04-04T22:10:24","guid":{"rendered":"https:\/\/milesfortis.com\/?p=91558"},"modified":"2023-04-04T17:10:24","modified_gmt":"2023-04-04T22:10:24","slug":"91558","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=91558","title":{"rendered":""},"content":{"rendered":"

Uh Oh\u2026New York Supreme Court Rules the State\u2019s Red Flag Confiscation Law is Unconstitutional<\/a><\/p>\n

Gosh, this hasn\u2019t been a good week for America\u2019s gun control industry. First Governor Ron DeSantis signed permitless concealed carry into law, tipping the balance in favor of states that don\u2019t require a government-issued permission slip to keep and bear arms. That was traumatizing enough for the forces of civilian disarmament.<\/p>\n

Today, however, another blow has landed. New York\u2019s Supreme Court \u2014 which for some damned reason is the second highest court in the Empire State \u2014 has ruled that the state\u2019s due process-free red flag firearm confiscation law is unconstitutional. Go figure.<\/p>\n

The ruling, written by Judge Craig Stephen Brown, makes it clear how an individual\u2019s civil rights are violated under the current law . . .<\/p>\n

Without the requirement of any input from a medical or mental health expert, the Court is required to make a determination of whether \u201cthe respondent is likely to engage in behavior that would result in serious harm to himself, herself, or others in\u2026section 9.39 of the mental hygiene law.\u201d Under Mental Hygiene Law, a person\u2019s liberty rights cannot be curtailed unless a physician opines that a person is suffering from a condition \u201clikely to result in serious harm.\u201d Further, in order to extend any such curtailment of liberty beyond 48 hours, a second doctor\u2019s opinion must be obtained and such opinion must be consistent with the first doctor\u2019s opinion.<\/p>\n

Absent from New York\u2019s Red Flag Law is any provision whatsoever requiring even a single medical or mental health expert opinion providing a basis for the order to be issued. New York\u2019s Red Flag Law, as currently written, lacks sufficient statutory guardrails to protect a citizen\u2019s Second Amendment Constitutional right to bear arms.<\/p>\n

In other words, the New York legislature, in its unyielding zeal to disarm as many citizens as possible, didn\u2019t give the slightest thought to the protection of a targeted individual\u2019s civil rights when they wrote their red flag gun confiscation law. The only thing they cared about was grabbing the guns.<\/p>\n

As a result, using a quote from McDonald v. Chicago, Judge Brown concluded . . .<\/p>\n

As a result, using a quote from\u00a0McDonald v. Chicago<\/em><\/a>, Judge Brown concluded . . .<\/p>\n

\u201cSecond Amendment rights are no less fundamental than\u2026Fourth Amendment rights (the right to liberty), and must be afforded the same level of due process and equal protection.\u201d Accordingly, this Court joins the Monroe County Supreme Court in holding that, \u201cunder CPLR 63-a, in order to pass constitutional muster, the legislature must provide that a citizen be afforded procedural guarantees such as a\u00a0physician\u2019s<\/strong>\u00a0determination that a respondent presents a condition \u2018likely to result in serious harm,\u2019 before a petitioner files for a [temporary extreme risk protection order] or [extreme risk protection order].<\/em><\/p>\n

Since this standard is required to prevent a respondent from being deprived of fundamental rights under the Mental Hygiene Law, then anything less (as contained in 63-a) deprives a citizen of a fundamental right without due process of law.\u201d This Court declares [New York\u2019s Extreme Risk Protection Law<\/a>] to be unconstitutional.\u00a0<\/em><\/p>\n

You can read the full ruling\u00a0here<\/a>.<\/p>\n

The New York Supreme Court, then, has concluded exactly what we and every other gun rights supporter have been arguing since the first red flag confiscation order was passed in California. They deprive gun owners of their basic, constitutionally protected civil right to due process, frequently issuing ex parte confiscation orders for which the gun owner wasn\u2019t even present to defend himself.<\/p>\n

Again, today\u2019s ruling was issued by New York\u2019s Supreme Court. The highest court in New York is the Court of Appeals.<\/strong><\/span> New York Attorney General Letitia James\u2019 minions are no doubt already hard at work drafting their filing for an appeal, so this battle is far from over. Still, it\u2019s a positive step and one that will upset the state\u2019s rabid gun-grabber community, lead by none other than Governor Kathy Hochul, to no end\u2026and who could quibble with that?<\/p>\n","protected":false},"excerpt":{"rendered":"

Uh Oh\u2026New York Supreme Court Rules the State\u2019s Red Flag Confiscation Law is Unconstitutional Gosh, this hasn\u2019t been a good week for America\u2019s gun control industry. First Governor Ron DeSantis signed permitless concealed carry into law, tipping the balance in favor of states that don\u2019t require a government-issued permission slip to keep and bear arms. … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,8],"tags":[],"class_list":["post-91558","post","type-post","status-publish","format-standard","hentry","category-courts","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/91558","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=91558"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/91558\/revisions"}],"predecessor-version":[{"id":91559,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/91558\/revisions\/91559"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=91558"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=91558"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=91558"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}