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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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Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Friday, November 6, 2026

Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Just hours after Election Day, anti-gun lawmakers in Arizona are already signaling plans to pursue gun control in 2027, leaving law-abiding Arizonans to face the harsh reality that a consequential legislative session lies ahead.  

The Election is Over: Now the Real Work Begins

News  

Wednesday, November 4, 2026

The Election is Over: Now the Real Work Begins

While the complete picture from the 2026 midterm elections is still emerging, the results, to say the least, were not what gun owners wanted. Anti-gun forces took control of the U.S. Senate and House of ...

Article by NRA-ILA Litigation Director Joseph Greenlee and Professor George Mocsary Published in Yale Law Journal Forum

News  

Monday, November 2, 2026

Article by NRA-ILA Litigation Director Joseph Greenlee and Professor George Mocsary Published in Yale Law Journal Forum

A new Essay authored by NRA-ILA Litigation Director Joseph Greenlee and University of Wyoming College of Law Professor George Mocsary has been published in the Yale Law Journal Forum.

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

Trump’s Gun Rights Policies Making America Safe Again

News  

Monday, November 2, 2026

Trump’s Gun Rights Policies Making America Safe Again

“Crime’s way down thanks to Trump — Dems will fight to send it back up,” warns an editorial in the N.Y. Post. “Law-and-order works. Immigration enforcement works. And — like it or not — Trump’s ...

U.S. House Passes Repeal of Social Security Administration Gun Grab, Begins Rolling Back Obama Era Executive Gun Control

News  

Friday, February 3, 2017

U.S. House Passes Repeal of Social Security Administration Gun Grab, Begins Rolling Back Obama Era Executive Gun Control

On Thursday, the U.S. House of Representatives issued a strong statement in support of the Second Amendment by passing H.J. Res. 40, which would repeal Barack Obama’s scandalous attempt to grab guns from thousands of vulnerable, ...

New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

The Hunting Vote: What’s at Stake in 2026 and Beyond

News  

Monday, November 2, 2026

The Hunting Vote: What’s at Stake in 2026 and Beyond

As votes are now being cast nationwide, one influential voting bloc is drawing renewed attention: America's hunters, sportsmen, and sportswomen.

District Court Declines to Enter Agreement to Invalidate Florida’s Waiting Period Law in NRA Case and Invites Amici Participation

Thursday, October 29, 2026

District Court Declines to Enter Agreement to Invalidate Florida’s Waiting Period Law in NRA Case and Invites Amici Participation

Yesterday, U.S. District Judge Steven D. Merryday denied the parties’ joint motion for entry of judgment in the National Rifle Association’s challenge to Florida’s firearm waiting period law. The case, Dunn v. Glass, remains pending ...

NRA Files Lawsuit Challenging Pennsylvania’s Carry Restrictions for Adults Under 21

Friday, October 30, 2026

NRA Files Lawsuit Challenging Pennsylvania’s Carry Restrictions for Adults Under 21

Today, the National Rifle Association, Firearms Policy Coalition, and an individual, Daniel Maines, filed a lawsuit challenging Pennsylvania’s carry restrictions for adults under 21.

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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.