New York’s red flag law goes into effect this weekend. It allows family members, schools, police and prosecutors to request the confiscation of guns from an individual who has been deemed a threat to themselves or others.
Lawmakers wanted to ensure the legal process for confiscation of an individual’s guns doesn’t violate their rights.
The guns are first taken away while a due process hearing is held, where evidence is presented before a judge. The judge can extend the removal order for up to one year if the evidence is “clear and convincing.”
Twelve other states and Washington D.C. already have a red flag law. And red flag laws in Connecticut and Indiana have reduced gun suicides.
Federal officials have considered similar legislation in the wake of recent mass shootings, but support for gun control policy in the U.S. has waived among Senate Republicans and President Donald Trump.
