NY Assemblyman Anil Beephan introduces changes to state’s Red Flag laws

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Assemblyman Anil Beephan who represents the East Fishkill Districct in the New York State Assembly, introduced a bill that provides discretion to police officers and district attorneys in applying for Extreme Risk Protection Orders.

In a press release April 9, 2023, Beephan said he was doing this at the request of police leaders and advocacy groups

Bill 6428, which provides discretion to police officers and district attorneys in applying for Extreme Risk Protection Orders, according to Beephan, is a “simple yet noteworthy amendment” which changes an operational term from “shall” to “may.”

This small change allows a certain flexibility concerning the obligation to file an application for extreme risk protection order:  “…that a petitioner who is a police officer or district attorney   may file such application upon the receipt of credible information…” but is not forced to do so with the word change from ‘shall’ which enjoined the official to do so.

Beephan’s proposed amendment precedes a recent ruling by Acting State Supreme Court Justice Craig Stephen Brown, declaring unconstitutional a Temporary Extreme Risk Protection Order against a Middletown man.

“This bill strikes a balance between protecting the public from potential harm and preserving the constitutional rights of individuals,” Assemblyman Beephan is quoted saying in the press release. “We need to ensure that our laws are constitutional and protect the rights of our citizens.”

“The introduction of Bill 6428 comes at a critical time as the state grapples with the issue of gun violence and the need to balance public safety with the protection of constitutional rights,” the press release said.

“Assemblyman Beephan hopes that the bill will provide a starting point for a broader conversation about how to address these complex issues,” it added.