Gov Andrew Cuomo New York Gun Control Red Flag Law Teachers ERPO
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Reader John Dingell III writes:

New York Governor Andrew M. Cuomo has just ratcheted up the extreme risk protection order or “red flag” law game by several degrees. He has proposed legislation which would enable teachers and other school officials to petition courts to ‘block access to guns by students.’

Translated from the newspeak, this legislation would allow teachers to file an extreme risk protection order petition against the parents of a suspect student.


Cuomo said the bill would be the first in the nation to provide an opportunity for a teacher to act on suspicions that students could be a danger to themselves or others. Under current law, Cuomo said a school official has no legal standing to petition a judge to remove or secure guns in the home of a student.

In other words, to confiscate the parents’ firearms.

“The evidence suggests that, in many cases, the teacher already had suspicions about a student before an action happened,” Cuomo said. “Right now, teachers are basically powerless. . . . [The bill] gives them a vehicle to do something about it.”

Cuomo said the State Senate’s Republican majority rejected the idea during budget negotiations, from January through March. However, the Senate Judiciary Committee and the Democratic-led Assembly have already passed a red-flag bill — limited to family members, household members, police officers and prosecutors. The bill, co-sponsored by state Sen. Brian Kavanagh (D-Manhattan), would prevent a school-age child from purchasing or possessing a firearm under the “extreme risk protection orders” from judges.

Unstated in the Governor’s press blitz is the fact that most age school students aren’t old enough to legally own or purchase firearms. It’s the parents’ gun rights that will be put at risk by Cuomo’s proposal.

If adopted, it’s easy to imagine the governor and New York’s famously gun rights-hostile legislature not stopping there. They could eventually expand the law’s reach to non-custodial parents, grandparents, aunts, uncles, cousins…. We’re living in interesting times.

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  1. Commie FV<Ks gotta commie-fv<k. If the (D)bag douche NY gov. has taken $0.00000000000000000000000000000000001 in foreign money to overthrow our Constitution, that is Sedition.

    During the next civil war, someone needs to waste an assload of time there.

    NY needs a meteor to fix its sh_t.

  2. What else does one expect out of a place like New York??? I would see him in Hell first!! Gun owners in New York had better beware…laws like this are the first step….once the 2nd Amendment rights are infringed upon, it won’t be long before government takes the 1st Amendment as well….examples are everywhere…Mao, Stalin, Hitler, Mussolini, Pol Pot…..they all began with gun confiscations from private citizens and MILLIONS died….Cuomo is a despicable man and I wouldn’t give him air if he was in a jug!!!

    • Hitlery has already stated that anyone that does not agree with her (ie speaking the truth) be censored.

    • dpk54: Oh, they know it. They also know that before they can do any more they HAVE TO get rid of civilian guns first. Otherwise, a whole lot of people who don’t care for them very much will have something to say about it, and the means to do something about it.

    • Most NY’ers have no use for Cuomo. He is an arrogant, hateful bully who garners his political and financial power from the dense concentration on Libs in NYC who keep voting for him. New York is home to millions of law abiding gun owners who are punished every day by this guy and others like him.
      What we need is not condescending remarks and wave offs from NRA, SAF and others. We need well funded court challenges to the anti constitutional abuses of the State government here.
      Don’t give up on us America, we have plenty of fight left in us but we could sure use some help.

      • We in CA have been saying the same thing for a long time. Unfortunately, for the most part, all we get is ridicule and insults. They forget that, like NY, those who do not live in the major metro areas are hunters, veterans, NRA members, and vote that way in elections which are rigged. Even Feinstein finally admitted that there are different needs between rural and city.

        The commies and the Nazi, and so many other dictatorships, taught their children to turn in their parents, grandparents, neighbors for anything the leaders disliked. This is just more evidence of the progressive movement’s ultimate goal. Enslavement of We the People.

    • If he was in a jug, i would fart in that jug.

      So little Timmy’s parents get served, what happens when he goes to school the next day? Is he arrested for violating the distance rule?

    • If we’re going to ignore the Constitution along with any semblance of common sense, why not simply imprison the “child” and leave the parents alone. Or, shit, just kill the SOB. No trial, no evidence, just the advice of a commie teacher in a public school, SHOOT the mofo.

  3. Schools are commie indoctrination camps these days anyway. Just one more move to take children away from parents and make them government property. Don’t have kids, but if I do, you better believe I’m homeschooling them.

      • Jesus you boomers would get locked into a prison camp called a “Gulag” by people with a hammer and sickle on their shirts and you’d still say, “this is just what Hitler did”.

  4. So, lacking any due process, and based on hearsay, this idiot wants to deprive someone of their personal property?

    The victim of the Governor’s zeal may or may not warrant such action, but this is not the way to go about it.

    • That is not what I read into it. What I saw was the teachers being given the ability to start the “due process,” not to act without it.

      It would still be up to the judge to issue the “extreme risk protection orders.”

      • Yeah, but there isn’t a judge in that state who wouldn’t sign hose orders. The last thing a N.Y. judge wants is to be remembered as the guy who didn’t sign the papers when he should have. Plus, I have little doubt there are plenty of ideologically motivated activist judges who think the citizenry should have firearms.

        • Exactly. The judges in NY will view granting all such requests as a “no lose” deal, whereas denying one is “no win.” It’ll become a rubber stamp.

          These orders are, essentially, temporary injunctions. If proponents of such laws were actually serious that these “red flag” orders aren’t designed to be abused, these orders would be treated like any other temporary injunction, where the movant always has to post a bond to cover the respondent’s damages if it turns out that the injunction was wrongfully issued. In other words, make the person requesting the order post some serious monetary security that is automatically paid to the respondent to cover his damages and costs if a “red flag” order isn’t proper.

          You’ll never see requirements like these in any of these proposed laws, precisely because the proponents of such laws view firearms owners’ rights as unimportant, if not nonexistent.

        • This article is real light on the due process part of the equation. Of course. Brings out the civil war 2.0 guys. Somebody like Nicholas Cruz does not need a gun. Any ideas? The other government employees failed. Maybe a teacher has the balls to get the ball rolling on whacko kids like Cruz.

        • So obviously we need more laws and more government employees involved?…. What aspects of your life are you unwilling to allow government intrusion? What aspects of you life don’t have at least some government intrusion? People like this won’t stop until they have a hand in what you think and say.

      • Obviously the teachers aren’t going to be the ones going door to door to collect guns by themselves. But due process? Extreme Risk Protection Orders confiscate property from people who have committed no crimes and they don’t even require the “defendant” present in the hearing.

        Let’s recap. With an Extreme Risk Protection Order, a person can have their property confiscated by the state even though there are no crimes committed, no crimes even accused, no judgement by a jury of peers, and not be present to defend themselves. If that’s your definition of “due process”, then you ought to find a website to troll where other people don’t have common sense to refute your extreme stupidity.

  5. Wow…… but i thought they werent trying to take our guns????? All the more reason to never go there.

    • You wont have to go there, eventually this kind of commie totalitarianism will creep everywhere.

      • This. This is why “Then just move!” is not an answer, and why converting 2A-apathetics is required.

      • As a citizen of New New York/Jersey (aka FL) I identity with this. I give it less than a decade until FL is deep blue.

  6. The anti-gunners are increasingly coming up with any way to have guns confiscated from law abiding citizens. And the liberal courts will accommodate them.

  7. Wait, a teacher cannot currently ask a court for an extreme risk protection order–but what is to prevent that teacher from calling the parents? And why is a meeting with the parents about a child’s dangerous or bizarre behavior an insufficient remedy?

    • Obviously any parent who keeps guns at home is a threat to society, why try meeting with them when you can just send the police gun confiscation team? Results!

      Always, the guns need to be removed, because they exude wickedness and corrupt the otherwise kind, gentle student. Kids aren’t bad, only guns.

      • Or, for a shorter answer, “Because authoritarians don’t think in terms of cooperation and voluntary solutions.”

  8. There’s no such thing as a “slippery slope!” I know that because my leaders told me so. All the examples you see and document every day are mere anecdotes and prove nothing. Going from orders of protection to red flag orders of protection to whole family orders of protection is no slippery slope; it’s a vertical drop!

    • You hit the nail on the head. The slippery slope started with the likes of Tamany Hall, then NFA 1934 and such. Now, we are quickly approaching a steep precipice with a sharp vertical drop.

      It felt good earlier this week when I picked up a brand new Ruger SR-762. I’m trying to do my share in gunning up America.

  9. Sorry only 1 way to say this. Cuomo is a meddling IDIOT. Unfit to have or be in any public office. I say this as a very former NYer. Who used to bring his single shot 22lr to school. Then go hunting on my way home.

  10. All the more reason to be deeply suspicious of any proposal that gives government the ability to take people’s guns. Constitutional rights are worth more than some people’s lives. Sorry, but the we-just-want-to-make-you-safer argument is a path to totalitarianism.

    • Because, as everyone knows, the goverment elites are here to protect us from ourselves.

  11. “Right now, teachers are basically powerless. . . .”

    Which is why we should allow them to be armed. See, problem solved. 😁

  12. Mao would be proud(or would be if he wasn’t burning in hell). Has Hoggboy been whispering in Cumo’s (Jesse Jackson pronunciation) ear?!?

  13. When I was in high school there were a few teachers that were afraid of their own shadow. These are the people that will determine who will lose their 2A rights.

  14. So, say a teacher fingers a “suspect student” and initiates the process. And the students parents are even more flaky than the student? What’s to say that the whole fam-damily doesn’t tool up and pay the school/teacher a visit? What’s worse than a single student going all Columbine? An entire family going Hatfield and McCoy on the school.

  15. Cuomo wants to use the kids as spies and agents. Typical. Maybe he’s been lusting after the power of the Khmer Rouge or Mao’s China.

    • Komsomol and Hitler Jugend.
      Young Pioneers will have fun with their new found power to control their parents and be loyal to our dear leaders.

  16. When unions are used this way they are nothing more, and no different than, a communist dictatorial collective. I feel as though the past few years, and the Trump Presidency, have removed the cataract of false normalcy, and revealed the cold, hard, and disappointing truth about what has been happening in the pretense of a free society. We’ve been played.

  17. That’s a great idea, if a parent cannot raise a child that insist on going to school with threats of commiting gun violence, then the teachers should have the right to proceed to have them disarmed.

  18. Soon, all it will take is name written on a slip of paper, by an anonymous source.
    Just slip it into the Lion’s Mouth.

    • Some of this over-the-top hyperbole is embarrassing.

      Nicholas Cruz should not be able to buy a gun. Maybe a teacher will step up where all other government employees failed. Will still take a judge/due process.

      • Really? Might want to look at some commie countries where the kids and school staff were used to control the parents.

  19. 1 — We are all just digits in the collective; the district administered by Proconsul Cuomo-the-Younger through his various ministers and ministries.

    2 — As such, it is his duty to influence, orchestrate, and impost RightThing, and RightDo on recalcitrant WrongThinkers.

    3 — As such, teachers are not there to teach. Like anyone else employed, funded or regulated by the state are in fact agents of the state toward any and all ends; whatever works.

    3 — While you might think even with this perspective, NY, and particularly upstaters, would be governed for their own good, suffering only from not understanding what is in their actual good, in fact NY, and particularly upstaters are governed so Proconsul Cuomo-the-Younger his Albany cohort can be *seen to be virtuous*, by the people they suck up to in the more central, power centers like Manhattan, and of course, DC.

    Cuomo-the-Younger gets to do some “right side of the issue” posturing on this to the only people who’s opinions he cares about, regardless of whether he gets the legislation or not. Indeed, proposal without passing gives him the issue without all those pesky consequences that go along with actually doing what he said: erosion or rights, stress on families, malicious prosecution, over-burdened and arbitrary courts, and of course “due process” kerfuffles because there is *no* process that will satisfy the anti’s on this.

    But, at least he’s solved every other thing n NY State, so might as well get on this. (How’s that SAFE act working out? As policy, not so good. As a talking point for his contemplated Presidential run, well, it’s better if that doesn’t actually “work” either.)

    • Indeed, the moron has spoken! The proposal is nothing more than shutting down 2A rights. But since you don’t own guns, are scared of them, never shot or used one, you’re opinion remains irrelevant! In most rural areas of NYS, children are brought up with firearms! They hunt, compete, and participate in any other legal activities. To have a liberal extremist teacher that hates guns have even any authority in the area of firearms is absolutely asinine! Teachers know absolutely nothing about firearms traditions!

  20. Why stop there? Kid might get a gun from a friend’s house. Or a neighbor.

    The only safe thing is to confiscate all guns from the town when a kid starts acting weird.

  21. Why not just give the governor the ability to have anyones’ guns confiscated, seeing as he knows what’s best for everyone?

  22. Governor Andrew M. Cuomo is a puke of a human who hates America and the U.S. Constitution with every ounce of his being.

  23. That fucker should have his head separated from his body, then stuck on a pike. But, it won’t.

  24. This nonsense won’t pass, even here in NY. Cuomo is posturing; he wants to 1. Ensure he beats the far left nutjob from Sex and the City for the Gubernatorial primary, and then 2. Run for President in 2020.

    This said, America, beware. NYC has elected this tyrant to destroy our beautiful state. We don’t have the votes in upstate to dethrone him. Let this be a warning for the rest of the country. Everyone on our side needs to get out and vote.

  25. Twit may even be a bigger tool than his POS daddy.

    Progtard unintended consequences says result is parents kicking marginal PITA kids out of the house and into the hands of Mario. Win win for the statist team.

    • Alleged people. They could be walking veggies with no higher order brain function. Oh wait, got that confused with Cuomo.

      Just when you think Mr “pass before reading” couldn’t go any lower, he exceeds himself. He might be the perfect politician – power mad pathological liar. But enough about his good qualities…..

  26. We have something similar here already in the People’s Republic of New Jersey.
    A man was a victim of domestic violence, so the police came to his house and confiscated all his guns, merely because he was the victim, not the perpetrator, the victim! New Jersey law mandates confiscating guns from the entire household of a domestic violence victim, which often means confiscating the victim’s guns.

    To make the situation worse, this man (the victim) was a gun collector who owned 1,000 guns, and he refused to unlock the safes for the police, so the cops smashed their way into his safes (cut them open), seized his 1,000 guns (probably worth over a million dollars!) and roughly dumped them into barrels like they were so much garbage, without caring that they were damaging a million dollars worth of valuable property! This story upset me so much that I wrote about it briefly in my second novel, Fortress of Gold (the sequel to Magic Teacher’s Son), which will be released next month.

  27. Not surprising. My son got in trouble and ended up on probation. His probation officer told me I had to remove my guns from my home until my son was off probation. I told him that no, I did not have to, and would not. He had no reply. He did mention it a few more times in later visits, but my wife and I both told him it absolutely was not happening. He eventually stopped bringing up.

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