Governor Signs Red Flag Gun Safety Law

On Monday, Governor Cuomo signed into law a bill that allows a court to temporarily prohibit someone from buying or possessing a gun if they're deemed a threat to themselves or others. The law, also known as an extreme risk protection order law, is expected to take effect in New York State in approximately six months. New York judges will weigh various factors when evaluating whether someone's behavior is a "red flag," such as whether the person has substance abuse issues or has threatened violence against themselves or others.

Governor Cuomo specifically mentioned teachers in his statement: “Today New York is proud to pass the first-in-the-nation Red Flag Bill that empowers school teachers to do something when they believe something bad is going to happen. We are empowering teachers not by giving them guns like the President wants – but by arming and empowering them with the law, so when a teacher or family member sees there is a problem, they can go to a judge and get a court-ordered evaluation. The Red Flag Bill will save lives and doesn’t infringe on anybody’s rights and it is common sense.”

If a temporary extreme risk protection order is granted by a judge, a hearing will occur within three to six days to determine whether a final extreme risk protection order is necessary, the law states. CNN reports that many similar gun protection bills were proposed in states across the nation after the 2018 school shooting in Parkland, Florida. Before the incident that left 17 dead, such laws were only in effect in five states: Connecticut (enacted in 1999), Indiana (2005), California (2014), Washington (2016), and Oregon (2017).