Hochul touts increase in red flag law orders as election nears

In a campaign-style event Monday, New York Gov. Kathy Hochul celebrated recent expansions of the state's red flag law, drawing attention to the significant increase in extreme risk protection orders issued under the law since this summer.

Since July, around 535 extreme risk protection orders, or red flag orders, have been issued each month, on average. This represents a substantial increase from even earlier this year, when the monthly rate of orders issued hovered around 90.

These orders allow a judge to temporarily bar people who may be a danger to themselves or others from buying or possessing firearms.

Hochul signed into law new legislation expanding the scope of New York's red flag law in early June. Since that time, around 1,900 red flag orders have been issued statewide.

What is the red flag law and how has it changed?

The state's red flag law, enacted in 2019, allows certain professionals, family members and police officers to petition a judge to seize the firearms of individuals believed to pose a safety risk to themselves or others around them.

"This is all about progress we're making in the fight to eradicate gun violence," Hochul said. "This is really a fight across our nation, and one that is calling all leaders to truly step up, as we have been, since I made this one of our top priorities becoming governor."

Attorney General Letitia James, speaking at the event, highlighted the provision of $4.6 million to her office in order to hire attorneys who can represent state officials in red flag proceedings. Under the current system, police officers themselves often represent the government in a red flag hearing.

In addition to the June legislation — which allowed health care workers to file red flag petitions, banned the sale of body armor to civilians and raised to 21 the age to purchase a semi-automatic rifle — Hochul also issued an executive order requiring state police troopers to apply for a red flag order when there is evidence to support the application.

Since its inception, the law has resulted in the issuance of 3,922 extreme risk protection orders. This translates to a total of 2,233 individuals who have been subjected to the law at some point.

NY tightens red flag lawNY Gov. Hochul signs executive order to target domestic terrorism, strengthen red flag law

Red flag law and Buffalo shootingDid NY's red flag law fail to prevent Buffalo mass shooting? Broome County DA weighs in

Why the focus on red flag laws this year?

Focus on the red flag law surged in the wake of a mass shooting at a Buffalo grocery store in May.

The accused shooter made a threat during an online class discussion at Susquehanna Valley High School in early June 2021, which consisted of him saying his post-graduation goal was to commit a murder-suicide, according to police. No direct threat was made to the school or any student, and there was no mention of firearms.

School officials called state police at the time, and police eventually referred him for a mental health evaluation.

But no legal process was ever initiated to prevent him from possessing or acquiring a firearm, such as under the red flag law.

Crime and violence have featured heavily in the intensifying campaign for governor. Rep. Lee Zeldin, who abandoned his Long Island congressional seat to take aim at the governor's mansion, has repeatedly accused Hochul of allowing crime to fester.

For her part, Hochul used Monday's speech as an attempt to demonstrate her bona fides on the crime issue, noting recent amendments to the controversial bail reform law that expanded bail options for gun crimes.

Asher Stockler is a reporter for The Journal News and the USA Today Network New York. You can find him on Twitter at @quasiasher or send him an email at astockler@lohud.com. Reach him securely: asher.stockler@protonmail.com.

This article originally appeared on New York State Team: Hochul touts rise in red flag law orders as election nears