Upstate NY Judge For the first time, has utilized the state’s new “Red Flag” law. This law permits law enforcement to confiscate a person’s personal firearms if a person is deemed a threat to themselves or others.
Robert King, 52, was arrested Sept. 3 in New Lebanon NY. According to News 10 ABC, he allegedly fired a gun at a parked car. King knew there was a home in his line of fire, and did not have a permit for the 9mm handgun he used in the incident, state police said. He was charged with criminal weapon possession, reckless endangerment and criminal mischief.
After his arraignment, police say he made a comment about harming himself. Authorities filed an extreme risk protection order against King. His guns were temporarily seized on September 4th, pending Friday’s hearing.
King waived the formal hearing, “based upon clear and convincing evidence against him,” according to Judge Patrick McGrath. Both sides agreed to remove a pistol and seven long guns for one year.
REPLY TO THE THE FOLLOWING QUESTIONS
"SHOULD UNCONSTITUTIONAL LAW BE ENFORCED IF A PERSON IS ACTING RECKLESSLY AND/OR DANGEROUSLY?"
The state can present new evidence to extend that time period. King can also request another hearing during the year to make an attempt to get the guns back sooner.
King's lawyer later told a reporter that he is a good family man, a business owner and a volunteer firefighter.
King’s wife claims his comments in court which triggered the new law were taken out of context.
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