State lawmakers have taken action to strengthen the state's Extreme Risk Protection Order law, also known as a "Red Flag Law" designed to keep firearms out of the hands of those who are a threat to …
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State lawmakers have taken action to strengthen the state's Extreme Risk Protection Order law, also known as a "Red Flag Law" designed to keep firearms out of the hands of those who are a threat to themselves or others.
Governor Kathy Hochul said new legislation she signed into law that would require courts to notify the statewide registry of orders of protection and warrants when a judge issues an ERPO.
The law builds on legislation signed by Hochul in 2022 shortly after she assumed office.
It specifically revoked an individual's right to own firearms if a temporary ERPO was issued by a court after being reported by people of designated professions.
The 2022 legislation adds more professions to the existing list of reporters who are eligible to file for an ERPO, including health care, mental health and school officials.
Prior to the new legislation, police officers, district attorneys, family or household members, as well as school administrators, teachers, guidance counselors, school psychologists, school nurses and coaches.
Family or household members under the law include people who are legally married or divorced, people with children in common, including adopted children, people related by marriage including in-laws, people related by blood like brothers, parents or cousins, unrelated people who live or have lived together for periods of time, as well as unrelated people in or were in an intimate relationship like same-sex couples and teens who are dating.
Critics of the laws say the ambiguity of the language allows for law enforcement to remove firearms from an individual's home without due process, violating their 14th Amendment rights.
While an ERPO is meant to stop an individual from purchasing a firearm through a licensed dealer, critics also say the measures do not stop such individuals from purchasing illegal firearms.
Others argue that ERPOs save lives by allowing law enforcement to take immediate action when a potential threat has been reported.