\n<\/p>\n
Police in New York want the legal ability to seize firearms during a domestic violence call \u2013 even if no arrests were made. However, instead of going through normal legal channels and obtaining a search warrant or court order, police just want the legal ability to take the guns on their own.\u00a0<\/p>\n
New York State lawmakers plan to reintroduce a bill during the next legislative session that will go farther than the state\u2019s Safe Homes Act of 2020, which allows officers to seize firearms found during a consensual search when police respond to a domestic dispute.\u00a0<\/p>\n
New York State Senator Peter Harckham, a Democrat from Westchester County, has sponsored a bill that would\u00a0
\u201cmandate\u201d officers to confiscate all firearms left out in the open during a domestic call.\u00a0<\/p>\n
\u201cThis is not gun control, this is gun safety; and this is domestic safety,\u201d\u00a0the senator told\u00a0Spectrum News<\/em><\/a>. \u201cThis is keeping the victims of domestic violence alive. We had two fatalities through domestic violence and firearms in my district in the last month. This is very real. This is very deadly and this is not a permanent seizure.\u201d<\/p>\n Senator Harckham\u2019s bill would allow police to keep the seized weapons for five days \u2013 most likely to seek restraining orders or other legal options \u2013 before returning them to their rightful owners. Also, police would likely extend this five-day time limit as needed.\u00a0<\/p>\n Tom King, president of New York State\u2019s Rifle & Pistol Association, balked loudly about the new bill.\u00a0\u00a0<\/p>\n \u201cNo person shall be deprived of life, liberty or property without due process of law,\u201d King told the reporters. \u201cThat means a search warrant or an order from a judge to confiscate the firearms, and they\u2019re doing this without that.\u201d<\/p>\n King pointed out the more than 100 New Yorkers who had firearms seized under the state\u2019s newly expanded red-flag law. This group contacted King\u2019s nonprofit seeking help getting their guns back. Some have already paid more than $10,000 in legal expenses, King said.<\/p>\n The main problem with the new bill is that it offers police yet another illegal mechanism to seize someone\u2019s guns.\u00a0<\/p>\n Our federal law does not allow law enforcement to go traipsing through someone\u2019s home looking for firearms that were never used in a crime, which they will then seize for no evidentiary value.\u00a0<\/p>\n These types of laws are passed solely for one reason \u2013 harassment. They want to harass gun owners. They want gun owners temporarily disarmed and then forced to make several trips to the police station to get their property returned, at great cost, too. Don\u2019t forget that.\u00a0<\/p>\n Today, gun owners have fewer rights in places like New York than they do in free states. This new bill will only make it worse.\u00a0<\/p>\n Article courtesy of the Second Amendment Foundation\u2019s Investigative Journalism Project. Click\u00a0<\/em>here<\/em><\/a>\u00a0to support the project.<\/em><\/p>\n<\/p><\/div>\nTakeaways<\/h2>\n
![<\/a><\/div>\nPolice in New York want the legal ability to seize firearms during a domestic violence call \u2013 even if no arrests were made. However, instead of going through normal legal channels and obtaining a search warrant or court order, police just want the legal ability to take the guns on their own.\u00a0<\/p>\nNew York State lawmakers plan to reintroduce a bill during the next legislative session that will go farther than the state\u2019s Safe Homes Act of 2020, which allows officers to seize firearms found during a consensual search when police respond to a domestic dispute.\u00a0<\/p>\nNew York State Senator Peter Harckham, a Democrat from Westchester County, has sponsored a bill that would\u00a0\u201cmandate\u201d officers to confiscate all firearms left out in the open during a domestic call.\u00a0<\/p>\n\u201cThis is not gun control, this is gun safety; and this is domestic safety,\u201d\u00a0the senator told\u00a0Spectrum News<\/em><\/a>. \u201cThis is keeping the victims of domestic violence alive. We had two fatalities through domestic violence and firearms in my district in the last month. This is very real. This is very deadly and this is not a permanent seizure.\u201d<\/p>\nSenator Harckham\u2019s bill would allow police to keep the seized weapons for five days \u2013 most likely to seek restraining orders or other legal options \u2013 before returning them to their rightful owners. Also, police would likely extend this five-day time limit as needed.\u00a0<\/p>\nTom King, president of New York State\u2019s Rifle & Pistol Association, balked loudly about the new bill.\u00a0\u00a0<\/p>\n\u201cNo person shall be deprived of life, liberty or property without due process of law,\u201d King told the reporters. \u201cThat means a search warrant or an order from a judge to confiscate the firearms, and they\u2019re doing this without that.\u201d<\/p>\nKing pointed out the more than 100 New Yorkers who had firearms seized under the state\u2019s newly expanded red-flag law. This group contacted King\u2019s nonprofit seeking help getting their guns back. Some have already paid more than $10,000 in legal expenses, King said.<\/p>\nTakeaways<\/h2>\nThe main problem with the new bill is that it offers police yet another illegal mechanism to seize someone\u2019s guns.\u00a0<\/p>\nOur federal law does not allow law enforcement to go traipsing through someone\u2019s home looking for firearms that were never used in a crime, which they will then seize for no evidentiary value.\u00a0<\/p>\nThese types of laws are passed solely for one reason \u2013 harassment. They want to harass gun owners. They want gun owners temporarily disarmed and then forced to make several trips to the police station to get their property returned, at great cost, too. Don\u2019t forget that.\u00a0<\/p>\nToday, gun owners have fewer rights in places like New York than they do in free states. This new bill will only make it worse.\u00a0<\/p>\nArticle courtesy of the Second Amendment Foundation\u2019s Investigative Journalism Project. Click\u00a0<\/em>here<\/em><\/a>\u00a0to support the project.<\/em><\/p>\n<\/p><\/div>\n\nSource link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"Police in New York want the legal ability to seize firearms during a domestic violence call \u2013 even if no arrests were made. However, instead of going through normal legal channels and obtaining a search warrant or court order, police just want the legal ability to take the guns on their own.\u00a0 New York State […]<\/p>\n","protected":false},"author":1,"featured_media":4226,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":{"0":"post-4225","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-reviews"},"_links":{"self":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/4225","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4225"}],"version-history":[{"count":0,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/4225\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/media\/4226"}],"wp:attachment":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4225"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4225"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4225"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}](\"https:\/\/cdn0.thetruthaboutguns.com\/wp-content\/uploads\/2024\/11\/NYS-Capitol-Bldg.jpg\"){kind=link}