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New York: Red Flag Bill Would Allow School Employees to Initiate Gun Confiscations

Tuesday, June 12, 2018

New York: Red Flag Bill Would Allow School Employees to Initiate Gun Confiscations

Gov. Andrew Cuomo is using his bully pulpit again, proposing more gun control in New York as he launched a bus tour full of theatrics this week calling for teachers and other unaccountable school officials to confiscate firearms.  Governor's Program Bill 27 has been introduced in the state Assembly as A.11148.  The bill has cleared committee in the Assembly and is expected to pass the anti-gun Assembly.   A Senate companion bill has not been introduced yet. 

Lawmakers in Albany are entering the homestretch of the 2018 session, and they are tentatively looking to end the session next week.  This is a dangerous time of the year when legislation moves quickly with virtually no public debate.  It is important that you contact your Senators immediately and insist that they not pass any more gun control, particularly A.11148 or any similar Senate bill that may be introduced.

A.11148 creates an "extreme risk protection order," and the bill sets up a process for gun confiscation that lacks due process for those who are subject to these temporary and permanent orders.  This is a troubling bill that would allow teachers, coaches, guidance counselors and even part time employees to petition to have firearms surrendered.  This can all be done with ex parte hearings where a person is not entitled to notice and a hearing.  The bill contains a very low burden of proof, probable cause.  A.11148 directs courts to consider innocuous circumstances like simple firearm ownership when ruling on whether a threat exists.   And when a person petitions to have the order lifted the burden of proof is improperly reversed so that the respondent is now forced to prove by "clear and convincing" evidence that the order should be lifted.  This type of order is rife for abuse.  Teachers with differing political opinions or personal differences could initiate these court proceedings with little proof that an actual threat exists.  It also creates serious Fourth Amendment infringements whereby parents and legal guardians could be forced to surrender their guns.   The bill does nothing to punish those who make false allegations.

Finally, this bill will do nothing to improve school and public safety.  It is focused entirely on firearms to the exclusion of other weapons including knives, automobiles, improvised explosives or other weapons.  If a person is truly a threat the person should be arrested or involuntarily committed and there are processes under current law that would allow for that through normal legal channels.  This bill is nothing more than anti-gun Gov. Andrew Cuomo pushing his extreme political agenda and continuing to wage war on law-abiding New York gun owners.  Please contact your state Senator today and respectfully request that this legislation be defeated.  The mere fact that Gov. Cuomo continues to call for more gun control is simply an admission that his 2013 SAFE Act was an utter failure and did nothing except harass and punish lawful gun owners in New York.  The Governor should follow the lead of the Senate and get serious about school safety by hardening schools with actual security measures instead of more political pandering.

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Friday, March 22, 2019

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Iowa: House Passes Bill to Improve Hunting Opportunities

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Iowa: House Passes Bill to Improve Hunting Opportunities

On March 20th, the Iowa state House of Representatives voted 57-40 to pass House File 716 to improve hunting opportunities in Iowa by expanding the types of cartridges that may be used for hunting.  HF 716 will ...

Governor Bevin Signs NRA-backed Constitutional Carry

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Monday, March 11, 2019

Governor Bevin Signs NRA-backed Constitutional Carry

The NRA applauds Kentucky Governor Matt Bevin for signing Senate Bill 150 into law, an NRA-backed bill that fully recognizes the constitutional right of law-abiding gun owners to carry a concealed firearm.

NRA Praises Vermont Superior Court Decision on Magazine Bans

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Thursday, March 21, 2019

NRA Praises Vermont Superior Court Decision on Magazine Bans

NRA applauds the Vermont Superior Court for allowing a lawsuit challenging the State's ban on standard capacity magazines to proceed. 

Legacy Media Push New Zealand Gun Confiscation Using Lies about Australian Ban

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Friday, March 22, 2019

Legacy Media Push New Zealand Gun Confiscation Using Lies about Australian Ban

The ongoing cheerleading effort by the international press in furtherance of the New Zealand government’s gun confiscation plans is enough to make any journalist with even a shred of objectivity blush. Worse, some outlets have ...

Illinois Court Throws Out Deerfield Gun Ban

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Friday, March 22, 2019

Illinois Court Throws Out Deerfield Gun Ban

NRA applauds Illinois court ruling throwing out Village of Deerfield's ban on commonly owned firearms and magazines.

Alaska State Commission for Human Rights Director Attacks Human’s Rights

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Friday, March 22, 2019

Alaska State Commission for Human Rights Director Attacks Human’s Rights

The Last Frontier is also one of the last places one expects to find rights-trampling government officials. The state’s strong libertarian streak is one of the reasons a recent report regarding the authoritarian behavior of an official ...

Pro-Gun Senators Introduce Bill to Prohibit Discrimination in Financial Services

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Friday, March 22, 2019

Pro-Gun Senators Introduce Bill to Prohibit Discrimination in Financial Services

On March 14, pro-gun Sens. Kevin Cramer (R-ND) and John Kennedy (R-LA) introduced S. 821 the Freedom Financing Act, a bill to prohibit discrimination against the firearms industry in the provision of financial services.

Activist Court Turns the Law Designed to Protect the Firearm Industry from Frivolous Lawsuits on its Head

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Friday, March 15, 2019

Activist Court Turns the Law Designed to Protect the Firearm Industry from Frivolous Lawsuits on its Head

On Thursday, the Connecticut Supreme Court created a dangerous new exception to the Protection of Lawful Commerce in Arms Act (PLCAA), a strong safeguard for our right to keep and bear arms.  

Utah: Self-Defense Bill Heads to the Governor’s Desk as Multiple Gun Control Bills Fail at the End of Session

Thursday, March 21, 2019

Utah: Self-Defense Bill Heads to the Governor’s Desk as Multiple Gun Control Bills Fail at the End of Session

The Utah Legislature has adjourned from its 2019 Legislative session.

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.