ALBANY, N.Y. (NEWS10) — New York’s new Red Flag law allows police, family members and school officials to ask the courts to remove someone’ guns if they’re making credible threats.
“This law is looking to just take a time out and say, ‘Hey, does this person need help? We need to intervene before something happens.”
Under the law, a judge can issue a temporary extreme risk protection order against someone threatening an act of violence.
“The law enforcement agency from that area where the person resides will be tasked with the job of serving the respondent. They would have to conduct a search if the search is asked for by the court.”
After a temporary order is made, a hearing must be held within three days for that person to make their case. Then, a final order is issued and can last for up to one year.