NY judge uses ‘Red Flag’ law to confiscate guns for the first time

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TROY, N.Y. (NEWS10) — For the first time, a New York judge has utilized the state’s new ‘Red Flag’ law to confiscate a person’s personal firearms.

Robert King, 51, was arrested last week, accused illegally possessing and firing a pistol in Columbia County earlier this month, hitting a parked car in New Lebanon.

Shortly after his arraignment, police say he made a comment about harming himself. Authorities heard the comment and filed an extreme risk protection order against King. His guns were temporarily seized on September 4th, pending Friday’s hearing. 

King waived the formal hearing, “based upon clear and convincing evidence against him,” according to judge Patrick McGrath. Both sides agreed to remove a pistol and seven long guns for one year. 

The state can present new evidence to extend that time period. King can also request another hearing during the year to make an attempt to get the guns back sooner. 

King made obscene gestures to our cameras outside of court, but his lawyer later told NEWS10 he is a good family man, a business owner and a volunteer firefighter.

King’s wife claims his comments in court which triggered the new law were taken out of context.

This is the first such case in New York State following the passage of the “Red Flag Law.”

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