Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

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.

TRENDING NOW
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

NRA Members Among the Largest Class Protected from Draconian Rule

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

California: DOJ Announces Proposed Rulemaking on Dealer Video Surveillance Requirements

Friday, April 26, 2024

California: DOJ Announces Proposed Rulemaking on Dealer Video Surveillance Requirements

On Friday, April 26th the California Department of Justice announced proposed rulemaking on the firearm dealer video surveillance requirements, that went into effect on January 1, 2024 as a result of Senate Bill 1384 (2022). Despite ...

California: Legislative Session Update

Friday, April 26, 2024

California: Legislative Session Update

Friday, April 26th marks the deadline for when all bills must advance from their first chamber policy committee if a fiscal committee referral is required.  Bills that have not passed out of their policy committee ...

Minnesota: Anti-Second Amendment Bills Scheduled for House Floor Votes

Friday, April 26, 2024

Minnesota: Anti-Second Amendment Bills Scheduled for House Floor Votes

On Monday April 29th, Representatives in the Minnesota House will be casting floor votes on House File 601, House File 4300, and House File 2609. The bills penalize gun owners for failing to report lost ...

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

Tennessee: General Assembly Adjourns Sine Die from 2023-2024 Session

Friday, April 26, 2024

Tennessee: General Assembly Adjourns Sine Die from 2023-2024 Session

Last night, the Tennessee General Assembly adjourned sine die from its 2023-2024 legislative session with all anti-gun bills being defeated. Additionally, the General Assembly passed SB 2223/HB 2762, which prohibits the use of firearm/ammunition specific merchant category codes by ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.