Andrew Cuomo's Red Flag Law and the Loss of Due Process

08/09/2018 4:00 PM | Anonymous
June 07, 2018
by Tim Andrews, President, S.C.O.P.E.

Governor Cuomo announced his proposal to add teachers, school administrators, and other school personnel to the list of individuals who may petition the courts to issue extreme risk protection orders for individuals who they believe are likely to engage in conduct that would result in serious harm to himself, herself or others.

On the surface, this may seem, to some, as reasonable; however, as is often the case the devil’s in the details. Do you remember a few years ago a child was suspended from school for eating a Pop-Tart into the shape of a gun or the fifth-grade girl in Philadelphia who was suspended for having a piece of paper that was torn into the shape of a gun? Schools, teachers, and administrators are not always rational thinkers when it comes to these issues. Imagine a parent losing their firearms because their son or daughter brought a copy of the American Rifleman or Firing Lines to school. Or perhaps your child is overheard talking about a hunting trip or an outing at the gun range.

And that brings us to the next issue with Governor Cuomo’s proposal. The subject or the respondent of the order would presumably be the student but then again what is be the point of an extreme risk protection order for a child under 18 years of age since they can’t legally own or possess firearms anyway? Does the parent or legal guardian then become the subject or respondent of the order? Again, your child commits one of those terrible offenses mentioned in my previous paragraph, and you’re awakened by a surprise visit from the sheriff’s department to confiscate your firearms.

Yes, it will be a surprise visit, not only are your 2nd Amendment rights violated, your due process rights under the 5th and 14th Amendments will also be trampled. You see this bill if it becomes law will give the courts the right to take away your guns before you have ever seen the inside of a courtroom. Here’s a situation where you are not even accused of a crime, let alone convicted and your rights under the constitution are denied. Sounds more like Hitler’s Germany or the old Soviet Union than America. Finally, when the extreme risk protection order is issued a notice will be sent to the FBI and subsequently added to the NICS system. Question is, who’s reported to NICS? The child or parent? A child under the age of 18 can’t legally own or purchase a firearm. What’s the point of a child being added to the NICS system? More likely it’s the parent who will be added to NICS? Good luck purchasing your next firearm.

This bill is more proof of what gun banners really want, they want a total ban and total confiscation. They want more than your neighbor’s AR 15, they want your Remington 870, your Remington 1100 and that Henry lever action .22. This legislation is one more backdoor way to attain their goal.

Call or write Governor Cuomo and tell him you are adamantly opposed to his proposal to undermine your constitutional rights. You can reach the governor at, 518-474-8390, his mailing address is, State Capitol, Albany, NY 12224.

Also call your assemblywoman, assemblyman, and senator. If you don’t know who they are use this link to find your representatives in Albany: or

A 2nd Amendment Defense Organization, defending the rights of New York State gun owners to keep and bear arms!

PO Box 165
East Aurora, NY 14052

SCOPE is a 501(c)4 non-profit organization.

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