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New York expands use of red flag law – Telemundo New York (47)

New York – The state of New York on Monday adopted new measures to combat gun violence.

Both Governor Kathy Hochul and Attorney General Letitia James have announced a major expansion in the use of the state’s Red Flag Law to further protect New Yorkers from this type of violence.

After an executive order and a law signed by the governor to strengthen the law’s implementation, courts across the state have issued 1,908 extreme risk protection orders, more than double those issued since then. The law entered into force on August 25, 2019. Democrat and Attorney General James also announced a $ 4.6 million increase in fiscal year 2023 budget to further support New York State Police efforts to secure extreme risk protection orders when people represent a danger to oneself or to others.

“Protecting New Yorkers is my top priority and the expansion of the red flag law is stealing dangerous and deadly firearms from those who pose a threat to themselves or others and preventing violence and tragedy,” the governor said. Hochul. “Working closely with the Attorney General and the State Police, we will continue to work to ensure effective implementation of the law to combat gun violence and save lives.”

The Red Flag Law, also known as the Extreme Hazard Protection Order Law (ERPO), prevents people who show signs of threat to themselves or others from buying or owning any type of firearm. The Red Flag Act provides procedural safeguards to ensure that no firearms are seized without due process, also helping to prevent tragedies, such as the shooting in Parkland, Florida, in schools and the shooting in Buffalo.

Both officials announced substantial increases in the use of the red flag law and new funds to support the State Police’s efforts to implement the law. Currently, patrol officers independently file applications in court for an ERPO, but with the dramatic increase in applications, ongoing legal representation is needed to ensure the process for removing firearms from potentially dangerous individuals runs smoothly. The additional $ 4.6 million will allow the Attorney General’s Office to add dozens of staff positions to represent the State Police and strengthen their efforts to secure these warrants and better protect New Yorkers.

Four days after the racially motivated mass shooting in Buffalo, Governor Hochul issued an executive order requesting state police to expand the use of the red flag law to help prevent the shootings. Since then, soldiers have requested 339 warrants, more than triple the number of requests filed last year, and the courts have approved 86.5 percent of those requests.

After Governor Hochul signed the executive order on May 18, 2022, he worked with the legislature to pass a new law that now requires law enforcement, medical and mental health service providers, and selected educational staff to requesting a court order when they see an individual is likely to cause serious harm to themselves or others.

Last week, Governor Hochul and Attorney General James released a report on the role of online platforms in the Buffalo mass shooting. According to the remission of the governor, the Attorney General’s Office He went through thousands of documents and pages of social media content to examine how the alleged shooter used online platforms to plan, prepare and advertise his attack.

With which the State Criminal Justice Division was associated Everytown for gun safety host a webinar in late August to educate law enforcement on their responsibilities under the new law. More than 800 people signed up for the training, which is publicly available and has been viewed nearly 2,400 times since it was released in early September.

The total number of ERPOs issued has more than doubled since 1 June, from 1,552 between 25 August 2019 and 1 June 2022, to 3,460 from 1 October 2022, with an increase of 1,908 ERPO.

Final ERPOs increased from 614 to 1,410, an increase of 130 percent, and temporary ERPOs increased from 938 to 2,050, an increase of 119 percent. The average number of ERPOs issued per month rose to 403 from June 2022 to October 2022, compared to just 45 per month from October 2019 to May 2022.

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