New York Supreme Court Smacks Down Hochul’s Red Flag Law – IOTW Report

New York Supreme Court Smacks Down Hochul’s Red Flag Law


How many times does the Democrat-dominant New York State legislature have to learn that the 2nd Amendment is larger than them? Apparently, at least once more. Judge Craig Stephen Brown declared New York’s Red Flag law unconstitutional since a court cannot determine mental health issues.

Judge Brown was asked to consider the legalities of New York’s Red Flag law by attorneys for defendant Corey J Monroe. Monroe was subjected to a Red Flag firearms seizure order after he was alleged to have brandished and pointed a loaded shotgun at his neighbor during a verbal dispute. Monroe denied the allegations and called on the judge to throw out the Red Flag order against him. Brown vacated the Red Flag order against Monroe and ruled the law unconstitutional.

Judge Brown made it clear that civil rights are being violated under New York’s current Red Flag Law in the way the law currently allows for the ex parte confiscation of guns without due process. It would appear Albany Democrats were denied their gun-grab dreams yet again.

New York State has just undergone a rash of school swatting calls showing how willing anti-gunners and troublemakers are to use any excuse they can to get gun owners arrested or send police on a wild goose chase. The recent school closings across the state due to false alarm shooting calls are proof. We know people can’t be trusted if they can simply accuse a gun owner of being a risk to society, but that may be exactly what gun-grabbing politicians want.

Under Mental Hygiene Law § 9.39, a person’s liberty rights cannot be curtailed unless a physician opines that a person is suffering from a condition likely to result in serious harm. That’s a roadblock that anti-gun legislatures don’t believe they should have to deal with. more

19 Comments on New York Supreme Court Smacks Down Hochul’s Red Flag Law

  1. When the only course of action is to take your guns away – but not to take you into protective custody nor remove any other potential weapons… it isn’t about protecting you or anyone else.

  2. How many swings and misses are they allowed before they get charged with violating our constitutional rights and fined out of their own pockets???

  3. So…..when will The Po-Po develop a system that will track back to the source of the SWATting calls so that the SWAT caller can be charged with filing a false report, malicious damage, wasting government resources, and whatever other criminal and civil charges can be brought to bear?
    Maybe just a pre-recorded message, “This is not an anonymous call line. This call is being recorded and
    will be traced if necessary. Please continue after the beep”.
    Bet that alone would put a stop to most SWAT calls.

  4. Huckster Hochul should be under investigation for encouraging, promoting, and advocating the use of illegal drugs by minority women, as ordered by Joe Biden and HHS, via poster-ads targeting minorities.

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