NY Red Flag Gun Law Ruled Unconstitutional

From [HERE] Judge Rules on Constitutionality of New York's Red Flag Law—

It seems since the 2022 United States Supreme Court ruing against New York in NYSR&PA v. Bruen, the courts continue beating down New York's unconstitutional gun laws.

Yesterday New York Supreme Court Judge Craig Stephen Brown ruled that the state's Red Flag violates the individual's civil rights and is therefore unconstitutional. In his statement, Judge Brown writes:

“Without the requirement of any input from a medical or mental health expert, the Court is required to make a determination of whether “the respondent is likely to engage in behavior that would result in serious harm to himself, herself, or others in…section 9.39 of the mental hygiene law.” Under Mental Hygiene Law, a person’s liberty rights cannot be curtailed unless a physician opines that a person is suffering from a condition “likely to result in serious harm.” Further, in order to extend any such curtailment of liberty beyond 48 hours, a second doctor’s opinion must be obtained and such opinion must be consistent with the first doctor’s opinion.”

“Absent from New York’s Red Flag Law is any provision whatsoever requiring even a single medical or mental health expert opinion providing a basis for the order to be issued. New York’s Red Flag Law, as currently written, lacks sufficient statutory guardrails to protect a citizen’s Second Amendment Constitutional right to bear arms.”

You can read the entire ruling here. In New York, the State Appellate Court is higher than the State Supreme Court, so you can bet the anti-gunners are working on an appeal of this ruling.