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New York: Red Flag Bill Would Allow School Employees to Initiate Gun Confiscations

Tuesday, June 12, 2018

New York: Red Flag Bill Would Allow School Employees to Initiate Gun Confiscations

Gov. Andrew Cuomo is using his bully pulpit again, proposing more gun control in New York as he launched a bus tour full of theatrics this week calling for teachers and other unaccountable school officials to confiscate firearms.  Governor's Program Bill 27 has been introduced in the state Assembly as A.11148.  The bill has cleared committee in the Assembly and is expected to pass the anti-gun Assembly.   A Senate companion bill has not been introduced yet. 

Lawmakers in Albany are entering the homestretch of the 2018 session, and they are tentatively looking to end the session next week.  This is a dangerous time of the year when legislation moves quickly with virtually no public debate.  It is important that you contact your Senators immediately and insist that they not pass any more gun control, particularly A.11148 or any similar Senate bill that may be introduced.

A.11148 creates an "extreme risk protection order," and the bill sets up a process for gun confiscation that lacks due process for those who are subject to these temporary and permanent orders.  This is a troubling bill that would allow teachers, coaches, guidance counselors and even part time employees to petition to have firearms surrendered.  This can all be done with ex parte hearings where a person is not entitled to notice and a hearing.  The bill contains a very low burden of proof, probable cause.  A.11148 directs courts to consider innocuous circumstances like simple firearm ownership when ruling on whether a threat exists.   And when a person petitions to have the order lifted the burden of proof is improperly reversed so that the respondent is now forced to prove by "clear and convincing" evidence that the order should be lifted.  This type of order is rife for abuse.  Teachers with differing political opinions or personal differences could initiate these court proceedings with little proof that an actual threat exists.  It also creates serious Fourth Amendment infringements whereby parents and legal guardians could be forced to surrender their guns.   The bill does nothing to punish those who make false allegations.

Finally, this bill will do nothing to improve school and public safety.  It is focused entirely on firearms to the exclusion of other weapons including knives, automobiles, improvised explosives or other weapons.  If a person is truly a threat the person should be arrested or involuntarily committed and there are processes under current law that would allow for that through normal legal channels.  This bill is nothing more than anti-gun Gov. Andrew Cuomo pushing his extreme political agenda and continuing to wage war on law-abiding New York gun owners.  Please contact your state Senator today and respectfully request that this legislation be defeated.  The mere fact that Gov. Cuomo continues to call for more gun control is simply an admission that his 2013 SAFE Act was an utter failure and did nothing except harass and punish lawful gun owners in New York.  The Governor should follow the lead of the Senate and get serious about school safety by hardening schools with actual security measures instead of more political pandering.

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Massachusetts: Progressives Pass Radical Gun Control Bill

Friday, July 19, 2024

Massachusetts: Progressives Pass Radical Gun Control Bill

Progressive politicians in Massachusetts just passed one of the most extreme gun control bills in the country.

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

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Monday, July 22, 2024

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

Last week, Sen. JD Vance (R-OH), accepted the Republican party’s nomination for vice president at the Republican National Convention in Milwaukee, WI.

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

Friday, February 2, 2024

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

On Thursday, February 1st, the Senate passed S.2572 late in the night without the bill ever receiving a public hearing, ignoring the concerns of Minority Leader Bruce Tarr and second amendment advocates across the state. 

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

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NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

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Monday, July 22, 2024

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

The National Rifle Association of America (NRA) has filed a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) “Engaged in the Business” Final Rule. The ATF’s Final Rule unlawfully redefines when a person ...

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

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Monday, July 22, 2024

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

In another Bruen-based invalidation of a gun law, a federal appeals court has struck a Minnesota law that prohibits 18 to 20-year-olds from being eligible for a carry permit, declaring the law to be invalid and ...

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

Tuesday, July 16, 2024

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

On Monday, July 15, the Third Circuit Court of Appeals affirmed the district court’s denial of a preliminary injunction in Delaware State Sportsmen’s Association v. Delaware Department of Safety & Homeland Security, NRA-ILA’s lawsuit challenging ...

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

Thursday, July 25, 2024

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

On Thursday, July 25th, Governor Maura Healey (D) signed H. 4885, "an act modernizing firearm laws," one of the most extreme gun control bills in the country, into law.

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Tuesday, July 23, 2024

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Yesterday, in Ortega v. Grisham, the U.S. District Court for the District of New Mexico denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction against New Mexico’s law requiring individuals to wait 7 ...

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

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Monday, July 15, 2024

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

Last Wednesday, the Subcommittee on Disability Assistance and Memorial Affairs of the House Veterans Affairs Committee held a legislative hearing on a number of proposed bills that would change various procedures and standards for how the Department ...

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.