“Accordingly, this Court joins the Monroe County Supreme Court in holding that, “under CPLR 63-a, in order to pass constitutional muster, the legislature must provide that a citizen be afforded procedural guarantees such as a physician’s determination that a respondent presents a condition ‘likely to result in serious harm,’ before a petitioner files for a [temporary extreme risk protection order] or [extreme risk protection order]. Since this standard is required to prevent a respondent from being deprived of fundamental rights under the Mental Hygiene Law, then anything less (as contained in 63-a) deprives a citizen of a fundamental right without due process of law. This Court declares [New York’s Extreme Risk Protection Law] to be unconstitutional.”The New York Supreme Court is the second highest court in the State under the Court of Appeals. Get ready, though, because you can bet Letitia James is getting her paperwork ready for an appeal. New York Democrats don’t take no for an answer. Read more at: AmmoLand.com
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