NY Supreme Court rules red flag law unconstitutional in specific case

Red flag laws enable courts to strip Americans of their gun rights without due process because someone thinks they might be a danger to themselves or others. In an as-applied case in New York state, the New York Supreme Court (which, confusingly, is not the state’s highest court, that’s the Court of Appeals) ruled that the Empire State’s red flag law runs contrary to the Constitution.

The decision only applies to the individual in this particular case, however it represents a shift in jurisprudence. In fact, it may spell the beginning of the end of red flag ex parte orders in which the order is issued without the respondent being allowed an opportunity to defend him- or herself.