Guns rights group in New York files under state's 'red flag' law — targeting Sen. Chuck Schumer
New York State has one of the most robust “red flag” laws in the country. It allows a petitioner to seek an extreme risk protection order (ERPO) if there is a threat of violence against others.
At a pro-abortion rally, Senator Chuck Schumer appeared to publicly threaten Supreme Court Justices Brett Kavanaugh and Neil Gorsuch, saying they “would pay the price” if they ruled in favor of a Louisiana's law that requires abortion doctors have admitting privileges at a hospital.
The Senator's full statement was this: “I want to tell you, Gorsuch. I want to tell you, Kavanaugh. You have released the whirlwind, and you will pay the price. You won't know what hit you if you go forward with these awful decisions.”
Gun Owners of America Friday filed for a "red flag law" extreme risk protection order that, if ruled on favorably by the courts, would result in Schumer being forced to give up any guns that he owns. It is a stroke of irony that Schumer cannot possibly miss.
Schumer is an advocate of abortion and sees any restrictions on the practice as unconstitutional. He later denied his statement, made on the steps of the Supreme Court, was a threat, though he did apologize in the well of the Senate the next day.
At the same time, Schumer thinks that restrictions on the Second Amendment are perfectly constitutional. Many gun rights groups have issued statements comparing this contraction as hypocritical similar to their views on former New York City Mayor Mike Bloomberg’s (D-NY) opinion that he is more deserving of security than the average American.
The comment drew criticism from Republicans in the Senate, the House of Representatives and from President Trump. It also triggered a rare rebuke from Chief Justice John Roberts. All called Schumer's statement a clear threat to the Justices.
Roberts' statement reads: “Justices know that criticism comes with the territory, but threatening statements of this sort from the highest levels of government are not only inappropriate, they are dangerous. All members of the court will continue to do their job, without fear or favor, from whatever quarter.”
In the letter to New York Gov. Andrew Cuomo (D) GOA's Director Erich Pratt, highlights that the gun-rights group opposed the New York red flag law. It also lays out how they are concerned that the courts disproportionately execute red flag laws in minority and poor neighborhoods. The group further states that the organization believes that the rich and powerful might get a pass when it comes to the law.
The letter also shares the story of Gary J. Willis, age 61, of Anne Arundel County, Maryland. Willis was shot and killed by police when they were serving an ERPO against him. His sister filed the order against him because of a dispute about his mother’s care. Maryland also executes the majority of ERPO in minority areas.
The letter also highlights that Schumer also appears to have violated 40 U.S.C. section 6134 since the pro-abortion rally took place on the steps of the Supreme Court Building:
The code states: “It is unlawful to … make a harangue or oration, or utter loud, threatening, or abusive language in the Supreme Court Building or grounds.”
Pratts says that the GOA and the American people are waiting to see if the U.S. Attorney for the District of Columbia will apply the law equally between average American citizens and the ruling class. If the U.S. Attorney does decide to prosecute Schumer, then he would face “a fine or imprisonment of not more than 60 days, or both.”
Pratt asserts that if New York decides not to enforce their red flag law against the Senator, then it would show that New York's gun laws are applied harshly to the general public while leaving the rich and powerful immune from such enforcement. It would verify the average gun owner's fear that there is a double standard in how laws are enforced.
Pratt also included a draft application for the "Temporary Extreme Risk Protection Order for Senator Chuck Schumer."