How many times does the Democrat-dominant New York State legislature have to learn that the 2nd Amendment is larger than them? Apparently, at least once more. Judge Craig Stephen Brown declared New York’s Red Flag law unconstitutional since a court cannot determine mental health issues.
Judge Brown was asked to consider the legalities of New York’s Red Flag law by attorneys for defendant Corey J Monroe. Monroe was subjected to a Red Flag firearms seizure order after he was alleged to have brandished and pointed a loaded shotgun at his neighbor during a verbal dispute. Monroe denied the allegations and called on the judge to throw out the Red Flag order against him. Brown vacated the Red Flag order against Monroe and ruled the law unconstitutional.
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. It would appear Albany Democrats were denied their gun-grab dreams yet again.
New York State has just undergone a rash of school swatting calls showing how willing anti-gunners and troublemakers are to use any excuse they can to get gun owners arrested or send police on a wild goose chase. The recent school closings across the state due to false alarm shooting calls are proof. We know people can’t be trusted if they can simply accuse a gun owner of being a risk to society, but that may be exactly what gun-grabbing politicians want.
Under Mental Hygiene Law § 9.39, a person’s liberty rights cannot be curtailed unless a physician opines that a person is suffering from a condition likely to result in serious harm. That’s a roadblock that anti-gun legislatures don’t believe they should have to deal with.
Fortunately, Judge Brown saw through the charade and pointed out the fact that New York’s Red Flag Law has no provision whatsoever requiring even a single medical or mental health expert opinion prior to the confiscation of lawful citizens’ firearms. Yet, the court is required to determine whether the respondent is likely to engage in behavior that would result in serious harm to himself, herself, or others.
At least in the movie Minority Report, the mind of the person who is about to commit a crime could be read. New York Democrats have it set up so they can confiscate your guns based simply on what they think you might do.
Judge Brown used a quote from McDonald v. Chicago when he said, “Second Amendment rights are no less fundamental than…Fourth Amendment rights (the right to liberty), and must be afforded the same level of due process and equal protection.”
“Accordingly, this Court joins the Monroe County Supreme Court in holding that, “under CPLR 63-a, in order to pass constitutional muster, the legislature must provide that a citizen be afforded procedural guarantees such as a physician’s determination that a respondent presents a condition ‘likely to result in serious harm,’ before a petitioner files for a [temporary extreme risk protection order] or [extreme risk protection order]. Since this standard is required to prevent a respondent from being deprived of fundamental rights under the Mental Hygiene Law, then anything less (as contained in 63-a) deprives a citizen of a fundamental right without due process of law. This Court declares [New York’s Extreme Risk Protection Law] to be unconstitutional.”
The New York Supreme Court is the second highest court in the State under the Court of Appeals. Get ready, though, because you can bet Letitia James is getting her paperwork ready for an appeal. New York Democrats don’t take no for an answer.
About Dan Wos, Author – Good Gun Bad Guy
Dan Wos is available for Press Commentary. For more information contact PR HERE
Dan Wos is a nationally recognized 2nd Amendment advocate, Host of The Loaded Mic and Author of the “GOOD GUN BAD GUY” book series. He speaks at events, is a contributing writer for many publications, and can be found on radio stations across the country. Dan has been a guest on Newsmax, the Sean Hannity Show, Real America’s Voice, and several others. Speaking on behalf of gun-rights, Dan exposes the strategies of the anti-gun crowd and explains their mission to disarm law-abiding American gun-owners.
All red flag laws are unconstitutional, stripping citizens of their rights without a hearing with them present prior to the forced invasion and theft. Further, even if a hearing were held with them present, they have not committed a crime, so they cannot be punished for what some yahoo thinks or says they might do. I don’t care what a shrink’s opinion of someone is; it’s quite easy to find a lefty shrink to say anything the court needs to hear to infringe on the 2nd.
Beat me to it. By definition, a “red flag” law is “an exception to due process.” There is no provision anywhere in our Constitution for exceptions to our rights. What we ACTUALLY need are laws and special courts specifically targeting lawmakers who participate in any way in conspiracy to violate our rights (i.e. vote together to pass unconstitutional laws). Until we start imposing real consequences on these rabid criminals, they will continue to pass unconstitutional laws with impunity.
I have often questioned the quality control/quality assurance of those deemed with the authority of awarding certifications to those in the psychology / psychological fields in that WHO is to say that THEY are in fact mentally sound to be deeming someone else to also be mentally sound just because they succeeded in going through the motions at a college? Who’s to say they aren’t ALL nuts?
The Doctor that passes Medical Board’s with 100% correct answers and the Doctor that passes with only 80% correct answers is still called…A Doctor.
Physicians and psychotherapists come with their own bias framework. Their decisions about others are influenced and indeed framed by those biases. The majority have been trained by left wing educational institutions and have left wing, built-in bias criteria. In short, their judgement is suspect at best. Mental health “professionals” should never be trusted to determine the relative sanity of another human being in broadly defined social settings. In clinical settings, it is entirely appropriate to determine that a “patient” has chemical imbalances leading to bi-polar or schizophrenic episodes. Prescribing medications to correct brain function may be (and I stress “may”)… Read more »
And, to further complicate things, we have this newly emerging cult of transgenderism. It doesn’t take a long memory to recall when body dysmorphic disorder was a recognized as a psychological problem to be treated, not encouraged. Now, just within the past couple of weeks, we have one of these nut cases shooting up a Christian school, and another whacko with similar plans that was stopped in time. And yes, I think blame can be laid at the feet of much of what you mention. Marriage is out of favor. Vaccines are mandated. Society has decayed. Perhaps as important as… Read more »
I think that the whole problem is a break down of the family system. People are searching for something that is not there to solve their feelings of inadequacy. It starts in a home where the children are not taught to take responsibility for their own actions, where they are sent off to a school to learn and because they don’t it starts a chain reaction in their minds to keep on searching. We, as a nation have turned our backs on the higher power and a despair has occurred, that can only be cured by one thing. Successful families… Read more »
There is actually a more recent study that proved that all the anti-depressant drugs (SSRI’s), prescribed for the so-called brain chemical imbalance, are worthless beyond the placebo effect. They’ve been going down that road chemically for a long time and it turns out there is no verifiable reason for it. It flips everything we’ve thought about the treatment of depression on its head. LOL, SMH. And I live with depression. Big Pharma has been cashing in it and didn’t want this recent study to get out. (sorry I don’t remember the name of it.)
Perhaps there should be red flag laws for those who make false police reports. Those individuals seem to be the real issue here.
it is a crime to falsely report to leo’s, but the progressives will never prosecute someone for lying about a firearm. until there is teeth in these red flag laws/erpo’s and any reporting party is held legally accountable, we will continue to see them abused by authoritarians/tyrants.
and ex parte orders violate the 4th, 5th and 14th Amendments.
And therein lies the problem. False reporting should have serious consequences, not slaps on the wrist.
Women do it all the time at the direction of the, ‘Women’s Crisis Shelters’. Women fall for it although the allegations may be false, the Women’s Crisis Shelters are the ones making out like fat rats because each woman and child that come through their doors is now a ‘client’. This allows these shelters to petition for more tax dollars to support their collusion, conspiracy and fraud schemes.
Most psychotherapists are more mentally damaged that thier patients . They want these people to be the judge and jury for a person’s gun rights ? Kathy Hochul you obviously are a idiot³. Good news that a judge recognizes the constitution and denied unhinged Kathy her draconian BS.
That’s been my experience. Most of them go into it to work on their own issues, but seldom do they,realize, they Are the Issue.
NY won’t change a thing. There are no penalties against governments breaking a law. Only against people.
Well, technically there are laws on the books – but you will never see a NY prosecutor nor judge uphold those laws.
The only acceptable Red Flag law is where you get a court order to subject a person to a psychiatric evaluation. Results from that can be used in a legal case to remove weapons. 72 hours of habeas corpus still applies, as does harassment lawsuits for excessive use. That is due process.
I disagree MudBoy. If a person is a danger to himself or others, the involuntary commitment laws should be used. Remove the person from the situation and get them medical care. In a true psychiatric emergency, removing guns only adds insult to injury; it does not save lives. That’s my $0.02 YMMV
As Cappy said above, the psychiatrists have biases. Once a gun is mentioned if they are a Democrat Doctor more then likely you will be committed regardless of any facts. More Facts: At the private psychiatric institution they want those beds filled at all time to keep the Money Machine going. They have meetings and they have been told that the second psychiatrist must commit within 72 hours….they need those beds filled, they have expenses.
That’s my take as well. If they are that much of a threat, they need off the street and evaluated. Then, and only then, should questions about weapons arise, after they’ve been evaluated, and a Medical Doctor, not a Psychogist or Therapist, deems them a threat to themselves or others. Get the Psychobabble Quacks out of the Equation altogether.
Demunists find that process to limiting…
Who picks these doctors, using what standards and values, determined how?
Hey, this is a Big Deal. A state like NY blocking a law like the Red Flag Law, for the issues we’ve talked about since it became a thing after the Parkland shooting, is a huge deal. Now, other states looking to have strict gun laws like NY & NJ, will be blocked and/or have to re-write theirs to contend with the constitutional issues inherent in this law. Things like Due Process, 2nd, 4th & 5th Amendments are all bypassed in the common language of this law used by states. Further, the comment that Judges aren’t mental health fortune tellers… Read more »
Remember Trump saying “Take the guns first”
trump also recanted his comment after being schooled by the NRA.
I don’t trust those who “recant”.
So you don’t trust anyone who changes their mind? Including yourself? I have respect for someone who can admit they were wrong and change their prior position.
So, you are against people learning and revising their opinions. Sounds like a typical leftist cult fanatic.
And yet you won’t provide any evidence of that. I can, however, provide evidence of the NRA pushing for the very same RPOs (aka red flag laws) that Trump wanted which would literally take the guns first without any due process and conviction of a crime.
https://youtu.be/A8ijtVkTCCQ
Stag, why do you keep thinking that Trump had the idea first? He got it from the NRA, don’t you know? You are so preoccupied with your Trump Derangement Syndrome, that you can’t see the forest for the trees. You sound to me like you hate Trump so much that you would vote, again, for Biden. Look, Trump has had issues with things in the past and we are all ever changing throughout our lives. If you can’t tell the difference between life here in this once great Republic five years ago and now, there is not much hope left… Read more »
Where did I say Trump “had the idea first”? “He got it from the NRA, don’t you know?” Yeah, maybe you should re-read my comment because I literally say almost that very thing. Orion wants everyone to believe his precious NRA “schooled” Trump on red flag laws when, in fact, they were pushing the very same laws. “You sound to me like you hate Trump so much that you would vote, again, for Biden.” In order for me to vote for Biden “again”, I would have had to have voted for him before and I’ve never voted for a Democrat… Read more »
Yes, I do.
“Take the guns first, due process later.” is what Trump said, only to be corrected by Mike Pence. He said it during a cabinet meeting which included members of congress.
I saw that live on TV. I saw Pence take in a gulp of air. Trump has said any number of things that indicate he is not a constitutionalist, one within the last 6 months.
HLB
No.
https://youtu.be/yxgybgEKHHI