Supreme Court 6-3 Decision Makes Firearm Confiscation Unconstitutional!!!

Published on January 3, 2023
Duration: 9:29

This video provides an expert legal analysis of a New York State Supreme Court ruling that declared the state's red flag laws unconstitutional. The ruling, in the case of GW v. CN, found these laws to violate the Second Amendment by lacking due process and relying on unsubstantiated claims for firearm seizure. The analysis highlights the implications of the Supreme Court's Bruen decision on challenging restrictive gun legislation.

Quick Summary

A New York State Supreme Court Justice ruled the state's red flag laws unconstitutional, violating the Second Amendment without due process. The case GW v. CN highlighted the lack of expert evaluation and potential for retaliatory use, emphasizing the Second Amendment is not a 'second-class right' per the Bruen decision.

Chapters

  1. 00:00Introduction & Gundies Awards
  2. 01:04NY Red Flag Laws Ruled Unconstitutional
  3. 01:35Background of GW v. CN Case
  4. 02:52Court's Review of Evidence
  5. 03:59Justice Moran's Constitutional Analysis
  6. 05:36Lack of Due Process & Expert Evaluation
  7. 07:14Ruling and Implications

Frequently Asked Questions

What was the outcome of the GW v. CN case regarding New York's red flag laws?

A New York State Supreme Court Justice ruled the state's red flag laws unconstitutional, finding they violated the Second Amendment without due process. The court determined that the laws allowed for firearm seizure based on unsubstantiated claims and lacked proper procedural safeguards.

How did the court in GW v. CN assess the evidence presented for the red flag order?

The court found the alleged threats were years old and not recent, as required by the law. Furthermore, the girlfriend had a prior protection order against the ex-boyfriend, suggesting the red flag law was used for retaliation rather than genuine safety concerns.

What constitutional principles did Justice Thomas E. Moran cite in his ruling against New York's red flag laws?

Justice Moran cited the Supreme Court's Bruen decision, emphasizing that the Second Amendment is not a 'second-class right.' He argued that New York's red flag laws failed to adequately protect Second Amendment rights and lacked the necessary due process.

What is the key difference between red flag laws and mental hygiene laws concerning evidence for seizure?

While mental hygiene laws require physician evaluations for involuntary commitment, red flag laws permit firearm seizure based on petitions from untrained individuals. This lack of expert medical review was a significant factor in the court's decision that red flag laws lacked due process.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from Armed Scholar

View all →