Red flag laws ruled unconstituional in NY supreme court

[aphextwin11]

View: https://youtu.be/Ax0-eY4zKyo


I follow the guns & gadgets YouTube channel which always has relevant 2A news, and they very recently posted the above video detailing a recent development in NY where red flag laws were deemed unconstitutional. Justice Thomas E. Moran, of the Rochester based Monroe County Supreme Court struck down these laws in a 10 page decision, in a case entitled G.W. v. C.N., 2022 NY Slip Op 22392 (Monroe County Sup. Ct. 2022).

Pretty cool to see the tide swing this way. I'm admittedly a bit underinformed in this subject, but he did mention another Massachusetts case as precedent (my home state).

If this was posted anywhere else, apologies and feel free to delete.

 

[Waher]

The NY Supreme Court isn't their highest state court despite the name.

 

[Quite_Exasperated]

 

[TJ4]

Jared does an amazing job of keeping on top of all of the 2A stuff.

 

[Rob Boudrie]

The NY Supreme Court isn't their highest state court despite the name.

The next and highest court is the NY Court of Appeals.

 

[MisterHappy]

Small Irony Alert.

People in this thread keep referring to the "Highest Court," and such.

OP was made at 4:20.

Just sayin'

 

[AFAR/PFAR]

The NY Supreme Court isn't their highest state court despite the name.

Yeah, found that out earlier today on a similar thread.

This is just a random case in a single trial. No real affect anywhere else--yet.

 

[Lokdog]

Jared was mentioning a case in Mass where the Supreme Court found that guns were unconstitutionally taken from a gun owner during a medical episode, now I know a RI case where the Cranston cops tricked a wife into letting them take the husband's guns when he was taken for a psych evaluation so I wondering if there was more than 1 case or if Jared was thinking of the RI one? I believe it was a 4th amendment case

 

[Waher]

New York Supreme Court Smacks Down Hochul’s Red Flag Law

Judge Brown made it clear that civil rights are being violated under New York’s current Red Flag Law in the way the law currently allows for the ex parte confiscation of guns without due process.

www.ammoland.com

 

[Sparky123]

The idea that the government can regulate any part of the Constitution is insane. Wasn't the Constitution created to protect us, meaning we the people against government tyranny? Every gun law ever written was only meant to control the people by depriving us of our constitutional rights, not to prevent crime.

 

[Mesatchornug]

The idea that the government can regulate any part of the Constitution is insane. Wasn't the Constitution created to protect us, meaning we the people against government tyranny?

Not exactly.
The Constitution was written to construct the framework under which our government operates.
The Bill of Rights amends that constitution to implement certain restraints on said government. Those restraints help us protect ourselves from tyranny.

Every gun law ever written was only meant to control the people by depriving us of our constitutional rights, not to prevent crime.

Laws don't prevent crime. They describe it. The effect of our current laws with respect to firearms is to generally deprive us of rights.

Without careful investigation, it's hard to say that "every" one of them was "meant to control the people." Even a purely cynical view might accept, for example, that requiring members of the militia to keep a minimum materials in hand was for the genuine purpose of protecting the People.

 

[RKG]

The next and highest court is the NY Court of Appeals.

Technically, there is an intermediate appellate "Court" (technically, an appellate division of the Supreme Court). New York Supreme Court, Appellate Division - Wikipedia

NY rules of civil procedure are different than most states and highly convoluted.