Gun Owners of America Applies for a Red Flag Order for Senator Charles Schumer

 

In the wake of Senator Chuck Schumer’s threat against two Supreme Court Justices…

“I want to tell you, Gorsuch, I want to tell you, Kavanaugh, you have released the whirlwind, and you will pay the price. You won’t know what hit you, if you go forward with these awful decisions.”

Gun Owners of America have sent a letter and “red flag” order application to New York Governor Andrew Cuomo requesting a Temporary Extreme Risk Protection Order for the Senator.

It should be interesting to see if a judge will simply dismiss this as unfounded, ruling that Schumer’s public statement was mere political hyperbole. Even after the Chief Justice of the United States Supreme Court has called Schumer’s statement was “threatening” and “dangerous.”

It might be hard for even a New York judge to conclude that Schumer’s tirade wasn’t an actual threat when the Chief Justice and a top lefty law prof have acknowledged that’s exactly what it was.

Naturally, a confiscation order will have to disarm Senator Schumer’s security detail as well, just because he might get access to those guns.

Of course, since this application is based on actual evidence — Schumer’s own recorded words — rather than unsubstantiated feelings, a red flag order isn’t really needed. His very public threat happens to be a violation of New York Consolidated Law § 240.30(1)(a).

A person is guilty of aggravated harassment in the second degree when:

1. With intent to harass another person, the actor either:

(a) communicates, anonymously or otherwise, by telephone, by computer or any other electronic means, or by mail, or by transmitting or delivering any other form of communication, a threat to cause physical harm to, or unlawful harm to the property of, such person, or a member of such person’s same family or household as defined in subdivision one of section 530.11 of the criminal procedure law, and the actor knows or reasonably should know that such communication will cause such person to reasonably fear harm to such person’s physical safety or property, or to the physical safety or property of a member of such person’s same family or household; or

Threatening is a Class A misdemeanor good for 12 months in jail. Or, since this threat went out to the world — interstate — 18 U.S. Code § 875 could apply. That one is good for five years.

The other well known problem with red flag orders is that not only do they leave the dangerous person on the street to threaten more people, they don’t get the disturbed Senator the help he so clearly needs.

Hopefully, that state will also invoke § 9.39(a)(2) in order to take him into custody for mental health evaluation and treatment.

2. a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm.

Let’s sit back and watch the two-tier legal system at work. Will Schumer’s threat draw the same law enforcement attention you would attract if you tweeted that same statement about a couple of highly placed officials in the judicial branch (i.e., a guaranteed contact from the FBI)?

comments

  1. avatar Detroiter says:

    Brilliant!

    1. avatar Dennis says:

      Maybe to keep him safe he should be put in jail! I know they can put him in Epstein’s cell!!

      1. avatar russell D. remmert says:

        Dennis that is a great idea

    2. avatar Geoff "I'm getting too old for this shit" PR says:

      “Brilliant!”

      No, they should have gone the obvious route.

      Charge him with attempting to influence a Federal judge, because that is *exactly* what he did on camera.

      That is a FELONY offense…

      1. You don’t actually think the law applies to wealthy Demorrhoids, do you ?

        1. avatar George WashingtonGl says:

          Exactly!!!!
          Only when the people see what’s truly happening in our government will things change…
          Schumer won’t have any repercussions from this…. he’s protected by his money and position…
          We the people do not have these same protections…..
          Get a fkn brain and understand all this tit for tat BS won’t work on these people….hell, they wrote these laws…. lol…. do got honestly believe they are subject to those laws????
          If you do, then I have some land in florida to sell you for a great price!!!

        2. avatar N64456 says:

          “Demorroids”… Stealing that; I need a new insult for them… 😂😂

        3. avatar Kyle says:

          Once in a while you can get a state house democrat, but when they get to DC, they’re mostly untouchable.

      2. avatar Ron says:

        Embrace the power of “and”. Is there any reason why the red flag AND the influence charges can’t both be applied?

    3. avatar Louis Grue Jr. says:

      Schumer needs to resign instantly for threatening two Supreme Court judges. This is unheard of in modern History in the United States. No passing the buck on this one. We will see what kind of justice we really have in this country !

  2. avatar Rick the Bear says:

    Ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha.

  3. avatar Ed Schrade says:

    Damn that is cool. Let’s see their excuse for refusal to implement the red flag order. Other people that have ben arrested for threating a federal official could possibly contest their convictions if nothing is done to this pompous ass.

    1. avatar Chris Pate says:

      Simple reason it can not be executed in NY the threats were not made in NY. It happenes in DC. Therefore DC courts would have to take it up however it being it was on Federal property in front of the SCOTUS and threatening federal justices it should be proaecuted as a federal crime and Schitter sent to federal prison.

      1. avatar Gregory Koster says:

        Trouble is, it would be tried by a District of Columbia jury and likely an Obama judge. Ask Roger Stone how well that worked

        1. avatar Louis says:

          TOUCHE’ The problem is that everyone knows he will get away with it and that’s why we need mega changes in Washing, DC. It can only happen if we vote Trump back in office for another 4 yrs. It will take every bit of that to finish cleaning out the DC swamp !

        2. avatar Sam I Am says:

          “that’s why we need mega changes in Washing, DC. It can only happen if we vote Trump back in office for another 4 yrs. It will take every bit of that to finish cleaning out the DC swamp !”

          Coupla thoughts….

          The swamp took more then eight years to arrive at its current condition. For some reason, Trump cannot see that he keeps, and keeps bringing in, card-carrying members of the swamp into his administration.

          What is there after Trump? Who is there after Trump? There is time, but at the moment there is no one on the Republicrat bench who can follow Trump; no disrupters, no personalities larger than life.

          The Dimwitocrats seem comfortable with Biden losing to Trump. One wonders. Maybe they have the long game, convinced that when Trump leaves, Repubs will become the permanent minority again.

          Why the dismal future view? In “normal times”, the president becomes head of the party, the undisputed leader. Where was the Republicrat party defending Trump enthusiastically since Trump was elected. Mostly, the Repubs just covered their ears, hoping Trump would just go away. After Trump, the Republicrats will probably be quite comfortable to once again become the noble loser party. Stiff upper lip, and all that rot.

      2. avatar Huntmaster says:

        Doesn’t really make difference. He is a resident of NY. Somebody making threats of that nature is exactly the kind of person the law was intended for. He’s just as dangerous in NY as he is in DC.

    2. Sadly we have become a nation where laws only apply to the peasants and unwashed masses. The protected classes of people have a separate system that holds them unaccountable for their actions and transgressions. One only has to go as far as every Democrat ever been investigated only gets a public admonishment or at most a slap on the wrist. Clinton gets serviced in the white house, Hillary deleting 33k emails. Sells uranium and gets multimillion donation to the Clinton foundation. We would be locked up and they are above the law.

  4. avatar The Crimson Pirate says:

    Popping some popcorn

  5. avatar bored383 says:

    Lawfare, done right

    1. avatar Ute says:

      Indeed. Goose and gander.

  6. avatar Alexander says:

    Well, we do have a two-tier legal system. Justice doesn’t have any part of it.

  7. avatar Chris Wilson says:

    Let’s do it

  8. avatar jwm says:

    Scotus can simply send US Marshal’s to escort Mr. schumer in front of the bench.

    Fucking retard needs to feel the pain of his repression of civil rights and crimes against humanity.

    1. avatar Louis says:

      Right On !

  9. avatar Dude says:

    Everyone knows democrats get a pass. Trump would be impeached over this. And they would be talking about prison time waiting for him when he gets out of office. The same people, I mean hypocrites, will dismiss Chuck’s behavior as no big deal.

    1. avatar Louis says:

      That cannot continue to happen, there has to be changes in DC. if we are going to be rational about our politics. If not, Government will implode upon itself !

  10. avatar Ransom says:

    He said: “You won’t know what hit you!”…To a JUDGE! Yup, if a citizen said that you’d better believe the authorities would bring the pain.

    1. avatar Someone says:

      Not just any old judge. To two justices of the SCOTUS, who are there for rest of their life. There is nothing legal he can do to them.

  11. avatar Steve says:

    I see where Trump is suing everybody that blamed him for Russian collusion. He will win

    1. avatar I Haz A Question says:

      Writing a donation check to GOA now. 🙂 Even if this application doesn’t succeed, it shows moxy on GOA’s part, and a brilliant twist-around of the Dems’ Red Flag push.

      1. avatar Common Sense says:

        Might as well toss your cash out the window.

        1. avatar Bob Clay says:

          So, you’re in the “bend over and take it” crowd?

        2. avatar jwm says:

          His cash. His window.

        3. avatar tsbhoa.p.jr says:

          not until shouting “gardyloo!” first.

  12. avatar Randy Jones says:

    You need to check the New York or DC statutes on Terroristic Threats as well. If the justices believe he may carry out / follow through on the threats he made, it could fall into this category as well. In some states that’s a 10 year sustenance.

    1. avatar Vinny says:

      “Brandon Michael Fleury, 22, was convicted by a federal jury in South Florida Tuesday of interstate transmission of a threat to kidnap and interstate cyberstalking. He faces a maximum statutory sentence of 20 years in prison.” CBSN Los Angeles.

  13. avatar Gadsden Flag says:

    Nothing will happen.

    1. avatar don says:

      Probably true, but go for it anyway.

      1. avatar Gadsden Flag says:

        Agreed.

    2. avatar I Haz A Question says:

      Something already did, Gads. This trick move by GOA has pinned Schumer to the political wall and exposed the absurdity of how easy it is to invoke these new Red Flag laws. That’s something, at least.

      1. avatar Dude says:

        Yep, and if the judge declines, we should compare and contrast some past cases with Chuck’s.

      2. avatar Gadsden Flag says:

        Haz, once again, agreed, but it has no teeth. When I said nothing will happen I should have nothing will happen that matters. The media will gloss over it and it will be lost in the hysteria over the Mexican beer virus.

        1. avatar Jim Bullock says:

          Well, yes and no.

          Chuckie won’t spend a moment in a hearing, let alone have his minions’ guns confiscated, or go to jail himself.

          BUT, it’s already eaten a couple news cycles, and will eat more. Battlespace has been meme sown, with “stupid law”, “2-tier justice”, n “what threats is he making this time?” Der Bidengaffer likes the macho word wrangling n this dirties tbat up.for him, even.

          Really, screwing up the SchumiKabuki hurts him more than 30 days in the cooler would.

    3. avatar Everyday_Carrier says:

      Doesn’t matter. They are not exempt from the laws they are passing. If you can have an order against you simply for talking in the wrong tone, they need to watch theirs.

  14. avatar Dennis says:

    Unless In wrong, Cryin Chuck is one of the biggest proponents of “red flag”! Good for the goose,etc.

  15. avatar VicRattlehead says:

    This should be done on a nearly constant basis!
    It shouldn’t be difficult AT ALL to prove these ‘foam at the mouth’ Dems are indeed a threat to themselves and (especially) others.
    Snare them in their own unconstitutional trap!
    BRAVO GOA, BRAVO…

    1. avatar frank speak says:

      …funny!….

    2. avatar Jim Bullock says:

      Someone pls remind me…

      Which party incited one of their guys to *actually shoot up* a bunch of *the other party’s legislators?* If he’d have gotten them all it would have flipped the majority in the house, yes?

      1. avatar Sam I Am says:

        “Which party incited one of their guys to *actually shoot up* a bunch of *the other party’s legislators?*”

        The reason you even asked that question is the answer: the propaganda arm of the Leftist party. The fact the shooter was a deranged leftist was pretty effectively squelched by the media. If the shooter had shot more people, his political affiliation would still be squelched, or excused as an understandable response to the lunacy and chaos created by Trump. Not sure that if a leftist eliminated the entire Republicrat membership of Congress, the leftist’s political affiliation wouldn’t be suppressed, or rendered an acceptable response to Trump.

        1. avatar Cal says:

          Wrong

        2. avatar Sam I Am says:

          “Wrong”

          About what?

  16. avatar Sharon Lee says:

    WHAT an idiot…One would think that someone that thinks they are SO SMART would not do something SO STUPID. Love the plan by the way

  17. avatar Defens says:

    I love it. But won’t Chuck just declare himself a Sanctuary Senator, where Red Flag laws won’t be enforced?

  18. avatar Rebeccah says:

    The Dems will find some half-assed reason not to apply this law to Schumer, but it’s a 2020 Republican ad now, and there’s not a damn thing he can do about it.

  19. avatar GaryH says:

    I’m luvin’ it.

  20. avatar Sam I Am says:

    This is simply hysterical (as in funny, amusing, entertaining).

  21. avatar steven torre says:

    the judges should have press verbal harassment charges on him. imagine you telling that to a judge. we will see who is above the law.

  22. avatar Terry says:

    He needs to lose any guns he has because he is in fact a danger to the immediate public . his security detail need to have their guns confiscated as well . they made these laws and need to abide by them. What makes him any different from the threats he made especially against the Supreme Court justices. I’ll be watching .

    1. avatar emerson says:

      they need to break down the door to his home at 2 in the morning with helicopters flying
      overhead and search every corner of his home for firearms and march him and his wife
      out to paddy wagons. this was no idle threat, either he plans to do something violent
      himself or hire some of his brooklyn buddies to do it for him. i also agree that he needs
      to lose his armed guards. this ahole let his mouth overload his “brain” and he needs to
      pay for it. if it was a republican he would already been forced to resign. this cannot be
      swept under the rug.

  23. avatar enuf says:

    That’s fun and all but this has come up before in a way. Claims that Schumer himself, or his wife, held gun permits have been proven bogus a number of times. So a Red Flag complaint cannot confiscate stuff he does not own.

    On the other hand, Censure is something the Republican held Senate can and should be doing. Censure requires only a majority vote.

    1. avatar Huntmaster says:

      I simply refuse to believe the guy doesn’t have firearms in his house. He’s not so stupid as to totally rely on his security, no matter how good they are.

  24. avatar Reredacted says:

    Didn’t notice a single comment pointing out that he made these terroristic threats at a rally where people are demanding the right to murder unborn children. Roughly a million unborn children a year for 50+ years.

    1. avatar Rod Julius says:

      That’s what makes this so absurd, the little creep was having a tantrum over abortion rights, his mother should have had an abortion,, the only whirlwind this puke could release is from his behind

    2. avatar Cal says:

      I read 7 million. I will check.

  25. avatar Ram Muchewicz says:

    It would be interesting to see if Chuck owns a firearm.
    His entire political career has been dedicated to destroying the 2A.

  26. They let Sheldon Silver walk without a single day in Jail. Do you think that a NY judge would sign an order to disarm Chuck Schmuck Schumer?

  27. avatar conrad says:

    Deplorables demand equal treatment.
    There is not a common man in America who would be allowed the ability to walk those words back if they had been spoken over a school or a Government Facility.
    Period.
    Lock that man up, and throw away Pelosi’s key.

  28. avatar Hannibal and the Elephants says:

    He is a member of the US Senate, not the Roman Senate. Someone needs to remind him. Also, his death threat is treason if anyone forgot, even if not intended as a death threat, it is still treason. Bring back capital punishment for treason.

  29. avatar Craig in IA says:

    They should have filed in DC, where Chucky made the comments. Nothing should happen from NY.

  30. avatar P is for Prick, Mr. Prick to you-PAL says:

    Schumer is not winning meaningful votes by threatening Law&Order while promoting murdering the unborn. He really needs to reconsider the audience he seeks. The whack jobs at that really are a very small percentage of votes & they cannot be considered reliable. Schumer’s supporters are lucky they can get out of bed to cash their welfare checks.

  31. avatar Chris T in KY says:

    Maxine Waters should be next. For making threats and encouraging others to attack people.

  32. avatar Frank M. says:

    I’m no fan of Schumer but if what he said makes him deserving a RFO, then the current president and commenters on this blog should have dozens of them.

    1. avatar Jeff the Griz says:

      “Commenters on this blog” That’s a pretty wide brush you’re using, and since you just commented, you first.

      1. avatar Frank M. says:

        Should I have said “some commenters on this blog”? Would that clear up my meaning for you? I see a lot of vague threats posted here and many that are clearly not meant as violent threats (similar to Schumer’s). Can you say that you don’t?

  33. avatar Habus corporus bloomborgus says:

    Let’s use their likely denial as a means to challenge the red flag law under Equal Protection. US senators are not above the law!

  34. avatar Big John from LIGC says:

    Additional donation to GOA being sent. Thanks!

  35. avatar Joseph Blow says:

    How dare you, (Senator Schuemer) insult the intelligence of “We The People” !!!!!!!
    You obviously believe that we were just born yesterday or are members of the “Gallactically Stupid Society”… or perhaps think we are todays’ Idiocracy!!!!! YOU “read”,…I repeat.. You READ” your statement from a script … It was not mistaken verbiage that came from your “sewer mouth”.. It was a premeditated statement , read by you, knowingly understanding what your meaning and intent was.. And by the way, you were using a megaphone while reading your “premeditated” speech, while standing at the footsteps of the “UNITED STATES SUPREME COURT BUILDING” , and addressing a “gang” of your angry constituents, “POURING GAS ON A FIRE” that you “knowingly and willingly arsoned….. There is a “SPECIAL PLACE IN THE 9th CIRCLE OF HELL” just waiting for your sick and demented soul….. Remember the DC baseball park shooting a year or two ago… If you don’t remember, then just ask Steve Scalise about it and he will gladly “EDUCATE YOU” to your STUPIDITY and HATRED which will send you to hell when you die….. I don’t hate you. I really feel sorry for you and what you have done to your soul and where it is eventually headed.. You are a disgrace to your religion, The Catholic Church and have shown a level of “HIPOCRACY” that is shameful to all of us in society… The bible says that “HATE WILL DESTROY YOU”… “ENJOY YOUR SELF DESTRUCTION” as the time to “honor yourself” will someday come to an end..

    We the People……

    1. avatar John H. says:

      Dude, You are freaking delusional, get some damn mental help, PLEASE!

  36. avatar Andrew Lias says:

    Someone needs to do this to Friar Faker in Chiacgo. He did threaten to “snuff out” that gun shop owner………….

  37. avatar kbhret says:

    C’mon everybody, we all know Democrats get a free pass and NOTHING ever happens to them…
    we republicans just get to listen to our own bureaucrats, like Lindsey Graham, tell us what NEEDS to happen AND what HE’s going to do……
    Which all amounts to NOTHING!!!!!!!!!!!!!

  38. avatar SnidelyWhiplash says:

    What Schumer did bordered on if not actually crossed the legal line of sedition. Being a member of Congress does not shield him from prosecution…as if that would ever happen…he has a “D” after his name which provides him protection.

  39. avatar Mike says:

    If nothing happens then I see lawyers using this as a reference to dismiss cases against others in the future making the law worthless.

  40. avatar CHRIS KELLY says:

    How is this man not forced to RESIGN immediately.? This is gone way to far. He is far from stupid with a perfect 1600 on his S.A.T. college test. He must be ideologically taken down or WE DO NOT HAVE A COUNTRY.

  41. avatar Jim Bullock says:

    A good tactic is one your people enjoy.

    Go get em (with legal challenges.) I’m loving this. I’d chip into the legal fund, just for the entertainment.

  42. avatar Stuart says:

    Irrespective of Mr. Schumer’s remarks being against the Law/Law’s of the UNITED STATES OF AMERICA, Mr. Schumer has reason to believe that being a Leader of his party, that NO ACTION WILL BE TAKEN AGAINST HIM FOR HIS THREATS AGAINST SCOTUS?
    I guess he is correct.
    As usual it is ONE LAW for those who are NOT Leaders of their Party but another Law for those of US who are NOT Leader of a Political Party?

  43. avatar Jim Bullock says:

    Didn’t Rep Nukem threaten literally everyone who won’t get with his program?

  44. avatar emerson says:

    the only reason this old fool was anywhere near this bunch of screaming harridans
    is because cortez the bartender and her millionaire money man(probably soros) is
    planning to primary him in the next election and throw him out. this is how low democrats
    have sunk when he is willing to support the murder of babies in order to save his sorry
    ass and senate seat. this hook nosed old bastard needs to face the consequences of
    his actions.

  45. avatar George Washington says:

    Every Dem and Every person who supports Red Flag Communist order should be red flagged and deported!

  46. avatar Country Boy says:

    Impeach Chuck Schumer then lock up Chuck Schumer and take his firearms. NO ONE IS ABOVE THE LAW!

    Why do Chuck and nancy believe they run the entire US Gov ? Weneed to teach Chucky to play nice.

  47. avatar Tex says:

    It doesn’t make sense to threaten, just getter done.

  48. avatar Alan says:

    Is the senator a gun owner?

  49. avatar John Patterson says:

    Dumb ass must have forgotten he wasn’t on the floor of the Senate where he routinely lies and defames with impunity.

  50. avatar Thomas says:

    Did you hear any threats of violence, death or HARM ????
    You know, what the LAW actually can arrest you for ????
    I love the way people DISTORT things to fit their own biases and agenda.
    The last time I checked we still have the 1st amendment, you know the one that allows freedom of speech! By some of the comments here you either don’t know our rights or you simply don’t care about violating them.
    Since there was no THREAT OF VIOLANCE OR HARM, that would leave making them pay in the court of public opinion, with legal protests against the Justice’s and voting people that oppose them out of office.
    If your little weak mind jumps to his speech as one of a physical threat, you need some serious mental help.

    1. avatar KDogg says:

      You threaten a Supreme Court Judge like that and see what happens… Lol. Feds would kick your down within hours if not minutes of saying stupid shit like that. They would then confiscate your firearms with no due process where you would have to actually prove that you meant no harm and hope they believe you. Then you would have to pay several hundred dollars to buy back your own property. Id suggest you research what these red flag laws actually say and what they mean because you’re clearly confused.

  51. avatar russell D. remmert says:

    Dennis that is a great idea

  52. avatar russell D. remmert says:

    Dennis great idea

  53. avatar Tom says:

    Now We get to see the “two tiers” of “Justice”. No way a Judge is going to enforce this. They’ll be some lame excuse or “far left” reasoning. BUT….I’d love to see the Schu handcuffed and taken away.

  54. avatar Montie rumsower says:

    Hell will freeze over first. He is a prominent democrat that means nothing he does is criminal.

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