New York Supreme Court Nukes Democrat's Red Flag Laws, Includes Biting MessageBy Brandon Morse
January 04, 2023
The left’s workaround for the Second Amendment, known as “Red Flag Laws,” has been the latest trend in gun confiscation from the authoritarian left. The idea is that anyone can report a citizen for suspicious activity or being a danger to themselves or others, and authorities will arrive at the home and take their firearms. In order to get them back, the accused must go to court and prove they aren’t a danger.
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New York is naturally one of those places that wanted to push Red Flag Laws on the populace, but the state’s Supreme Court recently handed down a ruling that not only put a stop to that scheme, but the Justice who wrote the opinion wanted New York’s politicians to understand in no uncertain terms that this kind of anti-2A nonsense isn’t going to fly.
Justice Thomas E. Moran wrote of the case that CPLR-§63, New York’s Red Flag Law, doesn’t “sufficiently protect a citizen’s rights and therefore is unconstitutional.”
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This Court is not unmindful of the dangers firearms may pose when possessed in the hands of a person suffering a mental illness, harboring a criminal intent, or both. However, when viewed objectively, CPLR §63-a’s goal of removing weapons from the otherwise lawful possession of them by their owners, without adequate constitutional safeguards, cannot be [*8]condoned by this Court.
While some may advocate that “the ends justify the means” in support of §63-a, where those means violate a fundamental right under our Bill of Rights to achieve their ends, then the law, on it’s face, cannot stand.
Therefore, the “Temporary Extreme Risk Protection Order” (TERPO) and “Extreme Risk Protection Order” (ERPO) are deemed to be unconstitutional by this Court as CPLR Article 63-a is presently drafted. It can not be stated clearly enough that the Second Amendment is not a second class right, nor should it ever be treated as such.
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Source:
https://redstate.com/brandon_morse/2023/01/04/new-york-supreme-court-nukes-democrats-red-flag-laws-includes-biting-message-n683078
