Credit: Tom Wang/Adobe Stock New York's Red Flag Law Raises a Red Flag for the Fourth Amendment
New York's Legislature should revise the Red Flag Law to expressly comport with the form and content requirements of search warrant applications pursuant to CPL 690. These revisions would preserve the goals of the Red Flag Law and also act to safeguard those protections afforded by the United States and New York State Constitution.
December 08, 2023 at 10:13 AM
8 minute read
Enacted in 2019, Article 63-a of New York's Civil Practice Law and Rules (CPLR) (the Red Flag Law) was codified to "prevent individuals ["respondents"]…likely to engage in conduct that would result in serious harm to themselves or others purchasing, possessing, or attempting to purchase or possess a firearm, rifle or shotgun."
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