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NY red flag law allows teachers to alert judge for student safety

February 26, 2019 04:38 AM

NEW YORK (WHEC) -- It's called the  "red flag" law and it takes effect in New York in 180 days.  

Under the new law, teachers and school administrators in New York state can alert a judge about students who they worry could be a threat to themselves or others. A judge will then have the power to order a mental evaluation of the student and direct the removal of firearms from his or her home. 

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"It has been a long time since I have had something to celebrate," said Linda Beigel Schulman. "I always said I would celebrate when the 'red flag' legislation was signed into law. Today, I will celebrate."

Linda Beigel Schulman's son, Scott Beigel, was a teacher and coach at Marjory Stoneman Douglas High School in Parkland, Florida. He was among the 17 people gunned down a year ago.

"Parkland would have never have happened and my son would still be alive if Parkland had the 'red flag' law on Feb 13, 2018," she added. 

Governor Andrew Cuomo signed the bill alongside U.S. House Speaker Nancy Pelosi. She praised the legislation and wants it to take effect nationwide. 

"If that teacher or that administrator had recourse and could have gone to a judge and said 'please do an evaluation I think this young person needs help'...how many lives could have been saved," said the governor.

Steve Felano with the Constitutional Coalition of New York State says New York has plenty of laws on the books it doesn't use. He says this is nothing more than a violation of your Second Amendment and Fourth Amendment rights. 

"All these things to include the 'red flag' law are based on a flimsy and unconstitutional method of looking at the Second Amendment and at some point, it's all going to be repealed," he said.

Meanwhile, Pelosi says the House will be taking up legislation this week that would expand the federal background check system for gun sales.

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Lynette Adams

Copyright 2019 - WHEC-TV, LLC A Hubbard Broadcasting Company

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