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A proposed bill would provide legal help to red flag law petitioners

U.S. Senator Kirsten Gillibrand.
Elise Amendola
/
Associated Press
U.S. Senator Kirsten Gillibrand.

A proposal from U.S. Senator Kirsten Gillibrand of New York would make it easier for a person to file an extreme risk protection order, better known as a red flag petition.

Red flag laws allow anyone to file a petition to confiscate firearms from someone they believe poses a threat to themselves or others.

Gillibrand said without legal help, this can be a lengthy and complicated process.

“They may not know the best ways to present evidence and meet this high burden of proof. And that can deter people from filing a petition or jeopardizing the success of their application,” Gillibrand said.

Gillibrand’s FLAG Act would provide $50 million annually to state and local governments to cover legal representation for the person filing, and other tools needed to navigate the court system.

Suffolk County leads New York state in using red flag laws, with six times the petitions filed than any other county.