NY, Westchester Co.: NY’s Red Flag law doesn’t violate 2A, 4A, 5A, 6A, or 14A

As to the Fourth: “This Court finds that the search conducted herein pursuant to the ERPO statute was reasonable. Contrary to respondent’s assertion, the petitioner provided a sworn statement as to the basis for his belief that respondent was recently hospitalized in a psychiatric hospital for expressing suicidal ideations. Respondent falsely denied having any firearms; however, he did own and possess a firearm and had recently attempted to purchase another firearm. These sworn statements considered along with all the pleadings, supporting papers, and evidence submitted, were sufficient to establish probable cause for the issuance of the search warrant. Furthermore, in circumstances where an individual is deemed to pose an extreme risk due to likelihood of substantial harm to self or others, a special needs exception also exists to promote a governmental interest of regulating conduct and access to firearms of these individuals. Thus, respondent’s argument that the ERPO statute violates the Fourth Amendment also fails.” Anonymous Detective at Westchester County Police v A.A., 2021 NY Slip Op 21053, 2021 N.Y. Misc. LEXIS 1001 (Westchester Co. Feb. 10, 2021).