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.”

The Red Flag Law, and the petitioning process upon which it is based, allows for the crafting of a judicial order effectively barring a respondent from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun when the court finds that a respondent presents a serious harm to himself, or others as defined by Mental Hygiene Law §9.39.

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