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I wonder how many individual's rights were violated in the process enforcing these red flag laws? What due process is allowed before an individual's rights are infringed upon?

While it seems to be universally agreed upon that firearms should be kept out of the hands of violent or mentally disturbed individuals where is the baseline for when that should be enforced? We know the threshold in Suffolk County is very low. Individuals that have been prescribed anti-anxiety or insomnia medication get barred from obtaining a pistol license. There are incidences where an angry spouse files a domestic abuse report to get back at their spouse.

Beyond that this is totally political grandstanding. I'm hoping the polls showing her being ahead of Zeldin are wrong. I can't imagine another four years of Hochul.
 

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By its definition, red flag laws violate due process because they are secret court filings, secret hearings, which results in a temporary order stating you are dangerous. You find out about the secret order and secret hearing when the police come to enforce the confiscation order to remove the guns of someone the court deemed dangerous.
 

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No surprise that the massive increase of red flag restraining orders increased in suffolk county

the family courts hand out restraining orders like candy In suffolk county.

Be careful who your dating or getting married to. Because you don’t know the woman you are with, until the relationship ends. Lots of false allegations out there
 

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One of the reasons for issuing an ERPO is a person recently purchased a firearm or ammo. Now you would think that alone could not be grounds for actually enforcing an EPRO but I wouldn't put anything passed the powers that be in this state.
 

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Don't forget that after Sept 1, NYS Police will be keeping track of all ammo purchases by buyer and amount, and they are mandated to file a red flag petition. They no longer have discretion. If buying ammo is sufficient grounds to trigger a red flag filing, well, the rest is pretty obvious.
 

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Don't forget that after Sept 1, NYS Police will be keeping track of all ammo purchases by buyer and amount, and they are mandated to file a red flag petition. They no longer have discretion. If buying ammo is sufficient grounds to trigger a red flag filing, well, the rest is pretty obvious.
Based on what I've read the State Police don't have a system in place to do that and the mere purchase of ammo doesn't trigger the filing of an ERPO. Beyond that the new law won't be implemented if the injunction is granted.
 

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The ammo background check requires the State Police to conduct a background check on ammo purchases. As part of this check, they have to keep track of every purchase including the name, address, age, occupation of the purchaser, along with the exact amount of ammo purchased.

If they don't have a system in place, which I doubt they do, then we have the SAFE act fiasco all over again.

But once they do, they can certainly investigate large ammo purchases. If you read what they think excessive ammo is, the grabbers will often say that people buying hundreds of rounds of ammo at a time is a red flag.

I'm not saying every ammo purchases will trigger a ERPO filing, but if you listen to what they say and combine it with the new ammo law, and the new mandatory investigation, it sort of requires ERPO being filed for buying a brick of 22.
 
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