New York state Gov. Andrew Cuomo implemented a law in August that allows law enforcement to confiscate guns from those proven to be a risk to themselves or others.

The Red Flag Law, also known as the extreme risk protection order law, allows district attorneys’ offices, police officers, family members and school administrators to intervene and attempt to take weapons from an individual, Onondaga County District Attorney Bill Fitzpatrick told The Daily Orange.

Intervening individuals must go to the local supreme court to petition for a temporary protection order to get firearms confiscated. If the temporary order is given, the court must notify the person whose firearms may be taken away six days after the temporary order is made so the person can challenge the order in a hearing. Confiscated firearms could be returned after a year unless again petitioned.

Ten people 19 years old or younger were murdered in Syracuse in 2018, making it the deadliest year for homicides of young people, according to Syracuse.com. The New York State Division of Criminal Justice Services reported that, as of August 2019, about 23% of violent crimes involved a firearm in 2018 and about 74% of murders that year involved a firearm.

Many people who have committed mass shootings at schools or public places have exhibited signs of mental illness and threatening behavior, Fitzpatrick said.

“Had someone intervened or denied their access to guns possibly these tragedies could have been averted, so I think it’s a very, very good thing that is going to have a positive impact on all New Yorkers,” he said.

After the mass shooting at Marjory Stoneman Douglas High School in February 2018, Fitzpatrick helped form a school safety task force in Onondaga County. They issued a report in August of that year that recommended New York issue a Red Flag Law.

“If you’re buying a high capacity magazine by my judgement, you’re going to have to go through a much more stringent background check,” Fitzpatrick said.

The Onondaga Sheriff’s Office has an in-depth process for registering for a gun license, said Sgt. Jon Seeber, public information officer at the Onondaga County Sheriff’s Office. A potential gun owner must first fill out an online application that discloses the type of gun license they are looking to obtain.

Applicants must schedule a time with the Sheriff’s Office to process the documents before a judge reviews the application and determines if the person are eligible to acquire a firearm, Seeber said. If it’s approved, the applicant can receive their gun license from the Sheriff’s Office.

Seeber declined to comment on the law’s impact on the Sheriff’s Office.

The Syracuse Police Department has used the Red Flag Law to take one individual’s firearms away since its implementation in August, SPD spokesperson Sgt. Matthew Malinowski told The Daily Orange.

SPD officers currently deal with gun violence by speaking to witnesses, canvassing neighborhoods and asking for the public’s help, among other things, Malinowski said. SPD is continuing its community outreach to prevent acts of gun violence in Syracuse, which he said was a proactive method.

“(We are) trying to engage the citizens more positively with police to gain more trust so we’re able to gain more cooperation during investigations,” Malinowski said.

Fitzpatrick said he has seen eight protection order applications so far.

“I don’t know if I saved eight lives or if I saved no lives,” Fitzpatrick said, “but I feel much more comfortable erring on the force of caution.”

Published on October 15, 2019 at 9:24 pm

Contact Sydney: sabergan@syr.edu