By: Ilana Siyance
New York’s new “red flag” law was put into action for the first time, when an upstate man was arrested and had his gun seized for shooting a car and then threatening to harm himself. The regulation, which went into effect on August 24th, was signed into law in February to thwart people who show signs of being a public risk or a peril to themselves from having a firearm.
On Friday September 13, Robert King, 52, became the first man in NY to have his weapons seized by court. As reported by the NY Daily News, he was accused of illegally possessing and firing a gun that struck a parked car in New Lebanon, which is close to the Massachusetts border. Police said that following his arraignment, King made some comment about killing himself, which led authorities to file an extreme risk protection order. He was charged with criminal weapon possession, reckless endangerment and criminal mischief. Thanks to the new law, Rensselaer County Judge Patrick McGrath also ordered all his weapons be seized for at least one year.
The 9mm handgun he used in the shooting on September 3rd, which he did not have a permit for, was confiscated along with seven long guns. King did not contend the ruling, and waived the formal hearing, “based upon clear and convincing evidence against him”, said the judge. As per the NY Post, the state can introduce new evidence to extend the year, or conversely King can request another hearing to attempt to get the pistols back before the year is up. Outside the courtroom King made obscene gestures to the reporters. His lawyer, however, said later that King was a good family man, a volunteer firefighter, and a business owner.
The “red flag” legislation signed by Gov. Andrew Cuomo, made New York the 17th state to have such a law. Senate Deputy Leader Michael Gianaris, who represents Western Queens, and who was one of the bill’s sponsors, said the court seizure means the law is already working. “Common-sense gun safety reforms save lives,” said the Democratic Senator. “Our new red flag law will keep guns away from dangerous people and I am proud to see its enactment is already making people safer.”
In response to the massacres last month in El Paso, Texas, and Dayton, Ohio, President Donald Trump is considering a national ‘red flag’ bill. Such a bill would take longer to enact nation-wide and is not yet on its way. The main opposition to such legislature stems from the National Rifle Association, which maintains that as per the Second Amendment citizens have the right to weapons.
