Buffalo shootings put spotlight on ‘red flag’ laws in N.J., U.S.
NJ red flag laws
from a manActing Attorney General Matthew Platkin told NJ Advance Media on Friday that the ERPO law had proven “a successful tool to help law enforcement, community members, and families keep dangerous firearms out of the hands of people who may present an immediate and present danger to themselves or others.
If the judge determines there is “good cause” to remove the guns, the judge will initially issue a temporary extreme risk protection order and a search warrant is executed to recover the guns, ammunition and firearms identification card from the person. After additional proceedings, the judge could lift the order or enter into a final protection order confiscating the weapons permanently and prohibiting the person from purchasing any guns.Read more: njdotcom »
Netflix's 'Don't F--k With Cats' star: New York red flag law 'failed' when it came to alleged Buffalo killerA star in the Netflix documentary “Don't F--k with cats” says that the State of New York 'failed' in implementing its red flag law after an 18-year-old allegedly killed 10 people and injured three others in a Buffalo grocery store. Officials are afraid to act BEFORE a tragedy happens. It’s better to restrain demonstrated mental illness people before rather than bury their victims after.
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interview with USA TODAY Network New York, Broome County District Attorney Michael Korchak said officials acted properly.The Netflix star said that the State of New York 'completely failed' in implementing its red flag law when it came to the alleged Buffalo Tops Supermarket shooter.Julia Roberts, Kim Kardashian AP, JC Olivera/Sipa USA)(Sipa via AP Images.Top Gun: Maverick ," on Thursday night.
“The school did what they were supposed to do and called state police,” Korchak told the news organization. “And state police did what they were supposed to do and referred him for a mental health evaluation.” Korchak noted that Gendron did not make a direct threat last year and was released after the mental health evaluation concluded he was not dangerous. Therefore it “probably wasn’t appropriate at that time,” to enact the red flag law, Korchak told USA Today. Here in New Jersey, authorities said the law has allowed them to seize firearms from people who pose a danger to themselves or others, including from a man with a history of virulent anti-Semitic postings that suggested violence on the horizon. William and Kate greet Tom Cruise at the UK premiere of "Top Gun: Maverick.
Data obtained by NJ Advance Media from the state judiciary shows that nearly a thousand gun seizures under New Jersey’s Extreme Risk Protective Order Act have been authorized since the law took effect in 2019. The data did not identify the people taken to court or the reason why. The figures show that 965 petitions for “temporary emergency protective orders” were granted and 77 were denied. Over that same period, police were granted 459 “final” orders and denied 200. The other cases were either withdrawn or pending."Top Gun: Maverick," which is scheduled for release in US theaters on May 27, sees his character, US naval aviator Pete"Maverick" Mitchell, returning to the Top Gun academy to train fighter pilots.
Acting Attorney General Matthew Platkin told NJ Advance Media on Friday that the ERPO law had proven “a successful tool to help law enforcement, community members, and families keep dangerous firearms out of the hands of people who may present an immediate and present danger to themselves or others. “To be clear, this is not about taking guns away from law-abiding citizens,” Platkin said. “This is about keeping the public safe, preventing tragedies, and saving lives.” How extreme risk protection laws work Let’s say someone hasn’t committed a crime but has been making threats, perhaps against a racial or religious group; or, has been talking with others about considering self-harm. A family member or police officer could seek what’s called an “extreme risk protection order” from a judge. We both love England and we're both aviators, we both love flying," Cruise told reporters ahead of the royals' arrival, according to the Daily Mail.
If the judge determines there is “good cause” to remove the guns, the judge will initially issue a temporary extreme risk protection order and a search warrant is executed to recover the guns, ammunition and firearms identification card from the person. After additional proceedings, the judge could lift the order or enter into a final protection order confiscating the weapons permanently and prohibiting the person from purchasing any guns. They have their roots in similar measures enacted in New York and other states in the 1990s, said Dan Feldman, a professor of public management at the John Jay College of Criminal Justice in New York. Feldman, a former New York lawmaker, said early ‘red flag’ measures targeted domestic violence and crimes against women. The New York Legislature passed bills that took away firearms from people who had criminal records and faced credible allegations of domestic abuse, he said. CNN's Stephy Chung and Leah Dolan contributed to this report.
More recently, experts said, those concerns have turned toward self-harm and the potential for mass shootings. New York and New Jersey both enacted their versions in 2019, creating a system in which police, judges and prosecutors determine whether the risks posed by someone’s behavior outweighs competing constitutional rights. The information on the cases is not public. Lawmakers and gun safety advocates and said the laws have the potential to serve as an effective early warning system. Critics caution they raise a host of thorny questions over civil liberties because an order can be granted before the subject has the opportunity to respond.
“There’s no due process,” said Evan Nappen, a New Jersey gun rights attorney, who says a simple misunderstanding could lead to a person having their legal firearms seized. “It turns their life upside down.” SPURRED BY TRAGEDY Many of the red flag bills in states across the country came in the immediate aftermath of the 2018 school shooting in Parkland, Florida. About 20 states have some version of the law on the books, according to data from Pew, an independent research center which has found them effective, particularly with people undergoing mental health crises that might make them a danger to themselves or others. Those laws have been used to to disarm people who threatened mass shootings in more than 20 incidences, according to Giffords Law Center , a gun control policy organization that supports “red flag” legislation.
Louis Greenwald, the New Jersey Assembly Majority Leader, said it was a meeting between lawmakers and families of victims of another tragedy, the Sandy Hook shooting in Connecticut, that jumpstarted efforts here in New Jersey. Greenwald, D-Camden, said the measure was also meant to address the startling number of gun-inflicted suicides in the U.S. “It is a tool that is designed to be used sparingly and rarely,” he said. The measure was part of signed by Gov.
Phil Murphy in 2018. It has so far survived legal challenges in court. One of the most notable cases was brought by David Greco , a New Jersey man who had his gun and ammunition seized in a 2019 no-knock raid after investigators from the state Office of Homeland Security and Preparedness monitored his allegedly virulent anti-Semitic social media posts and deemed him a threat. Greco was one of the earliest cases considered under the new law. State homeland security detectives said in court documents that Greco “believes that Jews are raping our woman and children” and that “force or violence is necessary to realign society.
” Greco’s attorney, Albert J. Rescinio, said his client “denies that he was ever a threat to anyone.” “It wasn’t like they found a stash of automatic weapons,” he said. “He had one rifle.” Greco sought to challenge the constitutionality of the red flag law, but a federal judge and an appellate court threw out the challenge while his state case is still pending.
State authorities still have possession of that rifle nearly two years later, court documents show. HOW EARLY IS TOO EARLY? New Jersey authorities, including Murphy, say the state’s red flag laws “undoubtedly saved lives.” “Before Extreme Risk Protective Orders were codified into law in New Jersey, there was not a clear protocol for keeping firearms out of the hands of those who pose a risk to themselves or others,” Murphy said in September, marking the two-year anniversary of the bill taking effect. The governor has called New Jersey’s gun laws a “model for the country.” Nappen, the gun rights attorney, argued red flag laws violate due process rights, leaving defendants ambushed and with no way to clear their names.
He cited one client, whom he declined to name because the case is ongoing, who is at his wits’ end after months and months of trying to get his employment benefits. In a moment of frustration, Nappen said, the man said something unwise. “What do I have to do, kill myself to get my benefits?” the man said on the phone with a representative, according to Nappen. The agency alerted police, who filed for a temporary emergency restraining order, came to his house and took his firearms, Nappen said. He said the system is ripe for abuse.
“Right now I could call the police on you and say you made a threat because I didn’t like our conversation and hit you with a (temporary order),” Nappen noted. S.P. Sullivan may be reached at firstname.lastname@example.org .
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