[Badger52]

Originally Posted by GratefulCitizen

New York’s red flag law found unconstitutional by state Supreme Court.

https://law.justia.com/cases/new-yor...-op-22392.html

“While some may advocate that "the ends justify the means" in support of §63-a, where those means violate a fundamental right under our Bill of Rights to achieve their ends, then the law, on it's face, cannot stand.
Therefore, the "Temporary Extreme Risk Protection Order" (TERPO) and "Extreme Risk Protection Order" (ERPO) are deemed to be unconstitutional by this Court as CPLR Article 63-a is presently drafted. 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.”

Thanks for posting.

"As such, this Court holds that, under CPLR 63-a, in order to pass constitutional muster, the legislature must provide that a citizen be afforded procedural guarantees, such as a physician's determination that a respondent presents a condition "likely to result in serious harm," before a petitioner files for a TERPO or ERPO.

"procedural guarantees" indeed. This is the part of the civics lesson that Trump didn't understand.