New York Supreme Court & 5th Circuit Court Rule In Favor Of 2nd Amendment Rights

Justice Thomas Moran of the Supreme Court of Monroe County, New York, part of the state’s Seventh Judicial District, ruled in late December that the state’s red flag law, aka Extreme Risk Protection Order law, or ERPO, is unconstitutional.

He relied on the recent Supreme Court ruling in Bruen that any law infringing on a citizen’s rights under the Second Amendment meet a very strict standard: “The government must demonstrate that the regulation is consistent with the Nation’s historical tradition of firearm regulation.”

The state’s ERPO law didn’t meet that standard, and Judge Moran tossed it:

“[The law’s] goal of removing weapons from the otherwise lawful possession of them by their owners, without adequate constitutional safeguards, cannot be condoned by this Court.”

The Petitioner who filed for the Extreme Risk Protection Order was the estranged boy friend of the Respondent who was a licensed gun owner in New York State.

He alleged that his ex-girlfriend was a danger to herself and others and obtained a Temporary Extreme Risk Protection Order.

The boyfriend cited instances dating back to 2020 to bolster his case. What the boyfriend failed to note, however, was that he himself was under a restraining order from his ex-girlfriend. So it was retaliation, pure and simple.

Which is what makes red flag laws so dangerous. Under New York’s law, and most of those in other states, anyone with a grievance can file a complaint. If granted, the “respondent” — the victim — will find police at his/her door to confiscate his/her firearms.