What to Know About New York’s Recently Enacted Red Flag Law

On Saturday, the state of New York became the 17th state to enact a Red Flag law, after the bill was signed by Governor Cuomo in February. New York’s Extreme Risk Protection Order law is designed to help law enforcement, concerned family members and school officials intervene quickly in dangerous situations. 

Under New York law, a police officer, district attorney, school administrator (or their designee) or a person’s family or household member may file a petition for an extreme risk protection order. Learn more about the details of New York’s recently enacted Red Flag Law here.

New York joins a list of 13 states that have enacted Red Flag laws since last year’s mass shooting in Parkland, Florida, five of which were signed by Republican governors. Just one week ago, the Ohio legislature introduced Red Flag legislation as a part of Governor DeWine’s comprehensive gun violence prevention plan.

In the aftermath of the mass shooting in Dayton, reports emerged that the shooter’s behavior raised concerns among people who knew him. This reporting underscores the case for Red Flag or Extreme Risk legislation at the federal level. Interventions in states with Red Flag laws have already prevented these potential tragedies and the orders can also be used to prevent suicides. 

Last weekend, Moms Demand Action volunteers held recess rallies in places like New York City, Nyack, Rochester, White Plains and across the country to pressure the U.S. Senate to pass Red Flag legislation, similar to the kind enacted in New York this weekend.

Recent polling by Fox News, conducted jointly by a Republican and a Democratic pollster, shows 88 percent of Democrats and 75 percent of Republicans favor Red Flag laws, as do voters in 77 percent of gun-owning households.

If you have any questions on Red Flags laws or would like to speak with a volunteer with New York Moms Demand Action, please don’t hesitate to reach out to [email protected].