BREAKING 2A NEWS: NY "Red Flag Laws" DECLARED UNCONSTITUTIONAL by NY Supreme Court Justice

Published on December 30, 2022
Duration: 9:17

This video discusses a New York Supreme Court Justice's ruling declaring the state's 'Red Flag Laws' unconstitutional. Host Mark W. Smith, a constitutional attorney, explains how the law violated due process and the Second Amendment by allowing firearm seizure without a prior hearing. The ruling emphasizes that gun rights deserve the same protections as other fundamental liberties.

Quick Summary

A New York Supreme Court Justice has ruled the state's 'Red Flag Laws' (Extreme Risk Protection Orders) unconstitutional, citing violations of due process and the Second Amendment. Host Mark W. Smith, a constitutional attorney, explained that these laws allowed firearm seizure without a prior hearing, infringing on fundamental rights.

Chapters

  1. 00:00NY Red Flag Laws Declared Unconstitutional
  2. 00:21Host Introduction and Expertise
  3. 00:41Mechanics of NY Red Flag Laws
  4. 01:08Monroe County Case Background
  5. 02:03Judge Thomas Moran's Decision
  6. 03:05Constitutional Analysis and Precedent
  7. 05:01Comparison to Mental Hygiene Laws
  8. 06:29Second-Class Right Prohibition
  9. 07:41Final Court Order Details

Frequently Asked Questions

What did the New York Supreme Court Justice rule regarding Red Flag Laws?

A New York Supreme Court Justice declared the state's 'Red Flag Laws,' also known as Extreme Risk Protection Orders, unconstitutional. The ruling stated that these laws violate due process and the Second Amendment by allowing firearm seizure without a prior hearing.

Why were New York's Red Flag Laws deemed unconstitutional?

The laws were found unconstitutional because they violated due process rights. The court emphasized that the Second Amendment is a fundamental right and cannot be treated as a 'second-class right,' requiring the same legal protections as other fundamental liberties.

Who is Mark W. Smith and what is his expertise?

Mark W. Smith is a constitutional attorney, a member of the U.S. Supreme Court Bar, and a New York Times bestselling author. He provided expert analysis on the legal implications of the Red Flag Laws ruling.

What was the specific case that led to this ruling?

The ruling stemmed from a case in Rochester, Monroe County, involving a dispute between an estranged couple. A preliminary red flag order was issued against a woman, revoking her pistol permit without a prior hearing, which led to the legal challenge.

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