[NYLJ] New York Legislation Aims To Expand Use of 'Red Flag' Gun Law

Lawmakers in the Legislature’s upper chamber passed the bill in July, but the measure has not cleared the state Assembly. Democratic state Senators Jamaal Bailey, D-Bronx, James Gaughran, D-Suffolk, Anna Kaplan D-Nassau, and John Liu, D-Queens, are listed as co-sponsors on the legislation.

State Sen. Shelley Mayer, D-Westchester, who is sponsoring the bill, says not enough people know about the “red flag” law and it’s a cumbersome process to apply for an order under the measure. 

A memorandum tied to the law says certain orders of protection allow for the surrender of firearms in certain cases. But it argued the “red flag” law goes further by allowing law enforcement to “proactively search for and remove such firearms.”

“Instances have been reported when victims and potential victims have not been aware of the option to obtain an ERPO when it would have benefited them,” according to the memorandum.

State court system data shows the law is rarely being used in New York City, with six orders being issued citywide in the year since the law went into effect in August 2019. None of those orders originated from state supreme courts in Manhattan, the Bronx or Staten Island, according to the data, which included shorter-term and longer-term orders.