A warning about possible violence last year involving the 18-year-old now being held in the Buffalo, New York, supermarket shooting is turning attention to New York's “red flag” law.
FILE - In this July 20, 2012, photo, a row of different AR-15 style rifles are displayed for sale at the Firing-Line indoor range and gun shop in Aurora, Colo. A warning about possible violence last year involving the 18-year-old now being held in the Buffalo, New York, supermarket shooting is turning attention to New York's"red flag" law.
The “general” threat at Susquehanna Valley High School last June, when he was 17, resulted in state police being called and a mental health evaluation at a hospital. New York Gov. Kathy Hochulstation WKSE-FM that Gendron had talked about murder and suicide when a teacher asked about his plans after school ended, and it was quickly reported but the threat wasn’t considered specific enough to do more. No request was made to remove any firearms from the suspect, New York State police said Monday.
But, Swanson added: “The issue is it's so easy for people to get guns anyway. ... It’s not a one-thing problem, and there’s not one solution to it either.”The 2019 law allows family members, prosecutors, police and school officials to ask courts to order the seizure of guns from someone who poses a danger to themselves or others. The subject of the court action is also prohibited from buying guns while the order is in effect.
A hearing, involving witnesses and evidence, is set within 10 days. If the judge decides to issue a permanent order, it would remain in effect for a year. The petitioner can ask for an extension.Some opponents of the red-flag legislation in New York feared it could lead to false accusations by family members or others with a grudge against a gun owner.
“Certainly, red-flag laws are more than anything else aimed at trying to stop mass shootings,” said Dave Kopel, research director at the Colorado-based libertarian think tank Independence Institute, which supports gun rights. “But they can be and should be used for more than just that. A handful of killings or suicides is horrific enough.”