Thread by @mkolken

BREAKING #2A News: A New York Supreme Court Justice ruled that N.Y.’s Red Flag laws are unconstitutional.

"It can not be stated clearly enough that the Second Amendment is not a second class right, nor should it ever be treated as such."
nycourts.gov/Reporter/3dser…

Here are the facts:

On August 30, 2022, petitioner G.W. filed an application for a Temporary Extreme Risk Protection Order ("TERPO"). In his application G.W. alleged that his estranged girlfriend, C. N., was a threat to herself, the petitioner, or another person.

In support of his TERPO request, G.W. submitted various statements in which he alleges Ms. N. indicated that she would harm herself by means of a gun or firearm, should she be able to gain access to same.

However, the allegations submitted to this Court (and accompanying the TERPO request) were statements allegedly made by Ms. N. from December 5, 2020, up through and including February 27, 2021. Regardless, Mr. W.'s petition alleged Ms. N.'s acts occurred less than six months ago.

In an abundance of caution, on August 30, 2022 the Court issued a TERPO order which prohibited Ms. N. from purchasing or possessing any firearms, rifles or shotguns, and ordered her to surrender any within her possession.

Ms. N. held a pistol permit that had previously been issued by a Monroe County Court Judge. On September 7, 2022 Monroe County Court Judge Julie Hahn suspended Ms. N.'s pistol permit based upon the allegations in the TERPO petition and the issuance of the TERPO order.

Thereafter, Mr. W. submitted a supplemental affidavit in support of his request for a final Extreme Risk Protection Order ("ERPO"). Mr. W.'s affidavit alleged that Ms. N. was attempting to access Mr. W.'s safe at the house that was presently occupied by Ms. N.

Further, Mr. W. alleged that this safe contained "weapons" or guns that could be used by Ms. N. to hurt herself, petitioner or others.

Prior to a hearing being there was a constitutional challenge made to CPLR §6342.

The question presented is whether CPLR Article 63-a sufficiently protects a New York citizen's due process rights when, as here, the state denies a fundamental right, to wit: by infringing on that citizen's right to keep and bear arms under the Second Amendment.

The Court held that CPLR §63-a does not sufficiently protect a citizen's rights and therefore is unconstitutional.