ALBANY, N.Y. – In a groundbreaking decision on Wednesday, a New York appeals court upheld the state’s red-flag law, dismissing claims that the law violated the Second Amendment of the U.S. Constitution. This marks the first time a New York appeals court has addressed the constitutionality of the red-flag law.
The Second Department of the Appellate Division, in its ruling, stated that the red-flag law, which allows law enforcement officials to temporarily confiscate firearms from individuals considered a danger to themselves or others, is in line with the nation’s historical tradition of regulating access to firearms.
This decision comes in the wake of a pivotal 2022 ruling by the U.S. Supreme Court, which stated that state gun laws could be challenged under the Second Amendment unless the state can demonstrate that its restrictions align with previous era regulations. This ruling has raised questions about the future of public safety measures designed to tackle gun violence.
The case at hand centered around Corey Monroe, a resident of Orange County, whose two shotguns were seized by Middletown police after he allegedly pointed a loaded gun at a neighbor. Monroe was charged with third-degree menacing. Following the incident, Officer Robert Monaco of the Middletown Police petitioned Judge Craig Brown of Orange County to issue a temporary extreme risk protection order, also known as a red-flag order. The temporary order allowed for the confiscation of Monroe’s guns. However, when Monroe’s lawyer challenged the constitutionality of the law, Judge Brown declined to issue a long-term order against Monroe.
Contrary to Judge Brown’s approach, the Second Department’s decision sets a different precedent by overturning his stance on red-flag cases. This ruling highlights the ongoing tension surrounding red-flag laws and their implementation.
Monroe’s attorney, Derek Andrews, expressed disappointment in the decision, stating that the red-flag law still lacks sufficient procedural protections for those who may be subject to such orders. Andrews added that they have the right to seek further review by the Court of Appeals and will evaluate whether to pursue an appeal on behalf of Monroe.
Governor Kathy Hochul has lauded the red-flag law as a crucial tool in safeguarding New Yorkers against gun violence. She considers it a significant step forward in the battle against this pervasive issue, calling on all leaders to take action.
As the debate around red-flag laws continues, this ruling sets a precedent that may influence similar cases and potentially impact firearm regulations in other states. The balance between protecting public safety and safeguarding individual rights remains a delicate challenge for lawmakers and the judiciary.
Asher Stockler is a reporter for The Journal News and the USA Today Network New York. He can be contacted at [email protected]. Secure communication can be made via [email protected].