A warning about possible violence last year involving the 18-year-old now being held in the Buffalo, New York, supermarket shooting is turning attention to New York's “red flag” law
FILE - In this July 20, 2012, photo, a row of different AR-15 style rifles are displayed for sale at the Firing-Line indoor range and gun shop in Aurora, Colo. A warning about possible violence last year involving the 18-year-old now being held in the Buffalo, New York, supermarket shooting is turning attention to New York's"red flag" law.
The revelations are raising new questions about why the law wasn't invoked and how the effectiveness of “red flag laws” passed in 19 states and the District of Columbia can differ based on how they're implemented.Typically, red-flag laws, also known as extreme risk protection orders, are intended to temporarily remove guns from people with potentially violent behavior, usually up to a year.
“This is actually one of the very few policies we have available where it actually builds on this vanishingly small point of common ground between public health people who want to stop gun violence and gun owners and the gun industry,” said Jeffrey Swanson, a professor in psychiatry at Duke University who researches gun violence.
The online description, crafted before the Buffalo shooting, expresses optimism about the law’s impact, saying it would both safeguard gun rights “while ensuring that tragedies, like the school shooting in Parkland, Florida, are not repeated.”Someone seeking an order files a simple,with the primary county court. It's considered a civil case, with no criminal charge or penalties involved.
Legislators in New York and elsewhere were aware of the potential legal pitfalls and drafted laws in such a way to avoid constitutional challenges, said Eric Ruben, a fellow at the Brennan Center for Justice who also teaches law at SMU Dedman School of Law in Dallas. “Certainly, red-flag laws are more than anything else aimed at trying to stop mass shootings,” said Dave Kopel, research director at the Colorado-based libertarian think tank Independence Institute, which supports gun rights. “But they can be and should be used for more than just that. A handful of killings or suicides is horrific enough.”
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