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NY schools first to have 'red flag' petition power on guns

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NY schools first to have 'red flag' petition power on guns
News

News

NY schools first to have 'red flag' petition power on guns

2019-09-15 20:02 Last Updated At:20:10

Schools across New York began the academic year with a new tool intended to prevent student suicides and violence: the ability to ask a court to remove a troubled person's access to firearms.

About a third of U.S. states have so-called "red flag" laws, which allow courts to temporarily seize guns from people believed to be a danger to themselves or others, but New York is the first to empower schools to petition a court themselves for such an order, rather than go through local law enforcement.

In New York, school principals are now allowed to petition the court for an "extreme risk protection order" requiring the safe storage of firearms the youth might have access to, such as a parent's gun. Supporters of the law say educators are uniquely suited to pick up on the kind of troubling behavior seen before school shootings, like the 2018 attack in Parkland, Florida, in which an expelled student killed 17 people at his former high school.

FILE- This June 6, 2018 file photo shows Stuyvesant High School in New York. Schools across New York began the 2019-2020 academic year with a new tool intended to prevent student suicides or violence: The ability to ask a court to cut off gun access for pupils who might be dangerous to themselves or others. (AP PhotoMary Altaffer, File)

FILE- This June 6, 2018 file photo shows Stuyvesant High School in New York. Schools across New York began the 2019-2020 academic year with a new tool intended to prevent student suicides or violence: The ability to ask a court to cut off gun access for pupils who might be dangerous to themselves or others. (AP PhotoMary Altaffer, File)

With the law so new, though, New York schools are still crafting procedures or waiting on guidance to help them figure out when and how to take action if the need arises. Several school systems contacted by The Associated Press said they're not yet sure what the law will look like in action.

Do they step in each time a student tells a guidance counselor he's feeling depressed and suicidal? What about if a student overhears a classmate talking in the hall or sees post on social media about wanting to shoot up the school? And when should a school still turn to law enforcement, rather than try to handle a petition themselves?

John Kelly, a former president of the New York Association of School Psychologists, said he expects schools would file petitions only in the most extreme cases. Schools that follow best practices, he said, should have threat and risk assessment protocols to help them decide whether a situation is serious enough for court intervention. That process, he said, should include finding out the context of the threat and gathering background information on the student, like any past behavioral issues.

FILE- In this Feb. 13, 2019 file photo, New York Assemblywoman Jo Anne Simon, D- Brooklyn, asks questions during a public hearing in Albany, N.Y. Saying "We want to stop tragedy before it happens," Simon supported the bill that empowers schools to seek temporary removal of firearms by the courts from people believed to be a danger to themselves or others. (AP PhotoHans Pennink, File)

FILE- In this Feb. 13, 2019 file photo, New York Assemblywoman Jo Anne Simon, D- Brooklyn, asks questions during a public hearing in Albany, N.Y. Saying "We want to stop tragedy before it happens," Simon supported the bill that empowers schools to seek temporary removal of firearms by the courts from people believed to be a danger to themselves or others. (AP PhotoHans Pennink, File)

"It's not a quick judgment," said Kelly, a school psychologist. "It's not based on hearsay."

Peter Kruszynski, the principal of a middle school in Lancaster, New York, and president of the National Association of Secondary School Principals, recalled an instance where the school investigated a student who had reportedly talked about a shooting, but instead was simply discussing going to a gun range with his father.

"Sometimes kids say things for attention," he said, noting that the law will require schools to present the courts with evidence.

Red flag laws have proliferated since the Parkland shooting, with legislation now on the books in 17 states and Washington, D.C.

It is not yet clear how effective such laws are in reducing suicides or shootings. Some studies have estimated that hundreds of lives have been saved in states that have the laws, though research has been limited so far.

Use of red flag procedures also varies widely in states that allow such petitions, as they are used rarely in some states and hundreds of times each year in others.

Opponents of the laws say they can be used to take away firearms from people who have not been accused or convicted of any crime.

"It appears you're guilty until proven innocent," said Tom King, executive director of the New York State Rifle and Pistol Association.

Tom Ristoff, director of public safety at Syracuse City School District, said the district has discussed the law but is waiting for more guidance from state education officials. A New York City Department of Education official issued a statement saying the agency is "reviewing how best to make our personnel aware of this legal process."

The New York State Education Department said in a statement that it encourages districts to consult with school district attorneys on when to seek a "red flag" petition, but did not make someone available to discuss the challenges schools might face in crafting policies and procedures.

Ryan Tarinelli is a corps member for Report for America, a nonprofit organization that supports local news coverage in a partnership with The Associated Press for New York. The AP is solely responsible for all content.

WASHINGTON (AP) — Israel this week briefed Biden administration officials on a plan to evacuate Palestinian civilians ahead of a potential operation in the southern Gaza city of Rafah aimed at rooting out Hamas militants, according to U.S. officials familiar with the talks.

The officials, who were not authorized to comment publicly and requested anonymity to speak about the sensitive exchange, said that the plan detailed by the Israelis did not change the U.S. administration’s view that moving forward with an operation in Rafah would put too many innocent Palestinian civilians at risk.

Israeli Prime Minister Benjamin Netanyahu has vowed to carry out a military operation in Rafah despite warnings from President Joe Biden and other western officials that doing so would result in more civilian deaths and worsen an already dire humanitarian crisis.

The Biden administration has said there could be consequences for Israel should it move forward with the operation without a credible plan to safeguard civilians.

“Absent such a plan, we can’t support a major military operation going into Rafah because the damage it would do is beyond what’s acceptable,” U.S. Secretary of State Antony Blinken said late Friday at the Sedona Forum, an event in Arizona hosted by the McCain Institute.

Some 1.5 million Palestinians have sheltered in the southern Gaza city as the territory has been ravaged by the war that began on Oct. 7 after Hamas militants attacked Israel, killing 1,200 people and taking about 250 hostages.

The United Nations humanitarian aid agency on Friday said that hundreds of thousands of people would be “at imminent risk of death” if Israel moves forward with the Rafah assault. The border city is a critical entry point for humanitarian aid and is filled with displaced Palestinians, many in densely packed tent camps.

The officials added that the evacuation plan that the Israelis briefed was not finalized and both sides agreed to keep discussing the matter.

White House press secretary Karine Jean-Pierre told reporters on Friday that no “comprehensive” plan for a potential Rafah operation has been revealed by the Israelis to the White House. The operation, however, has been discussed during recent calls between Biden and Netanyahu as well as during recent virtual talks with top Israeli and U.S. national security officials.

“We want to make sure that those conversations continue because it is important to protect those Palestinian lives — those innocent lives,” Jean-Pierre said.

The revelation of Israel's continued push to carry out a Rafah operation came as CIA director William Burns arrived Friday in Egypt, where negotiators are trying to seal a cease-fire accord between Israel and Hamas.

Hamas is considering the latest proposal for a cease-fire and hostage release put forward by U.S., Egyptian and Qatari mediators, who are looking to avert the Rafah operation.

They have publicly pressed Hamas to accept the terms of the deal that would lead to an extended cease-fire and an exchange of Israeli hostages taken captive on Oct. 7 and Palestinian prisoners in Israeli jails.

Hamas has said it will send a delegation to Cairo in the coming days for further discussions on the offer, though it has not specified when.

Israel, and its allies, have sought to increase pressure on Hamas on the hostage negotiation. Signaling that Israel continues to move forward with its planning for a Rafah operation could be a tactic to nudge the militants to finalize the deal.

Netanyahu said earlier this week that Israeli forces would enter Rafah, which Israel says is Hamas’ last stronghold, regardless of whether a truce-for-hostages deal is struck. His comments appeared to be meant to appease his nationalist governing partners, and it was not clear whether they would have any bearing on any emerging deal with Hamas.

Blinken visited the region, including Israel, this week and called the latest proposal “extraordinarily generous” and said “the time to act is now.”

In Arizona on Friday, Blinken repeated remarks he made earlier this week that "the only thing standing between the people of Gaza and a cease-fire is Hamas.”

The Chahine family prepares to bury two adults and five boys and girls under the age of 16 after an overnight Israeli strike in Rafah, southern Gaza Strip, Friday, May 3, 2024. An Israeli strike on the city of Rafah on the southern edge of the Gaza Strip killed several people, including children, hospital officials said Friday. (AP Photo/Ismael Abu Dayyah)

The Chahine family prepares to bury two adults and five boys and girls under the age of 16 after an overnight Israeli strike in Rafah, southern Gaza Strip, Friday, May 3, 2024. An Israeli strike on the city of Rafah on the southern edge of the Gaza Strip killed several people, including children, hospital officials said Friday. (AP Photo/Ismael Abu Dayyah)

FILE - Palestinians line up for free food during the ongoing Israeli air and ground offensive on the Gaza Strip in Rafah, Jan. 9, 2024. A top U.N. official said Friday, May 3, 2024, that hard-hit northern Gaza was now in “full-blown famine" after more than six months of war between Israel and Hamas and severe Israeli restrictions on food deliveries to the Palestinian territory. (AP Photo/Hatem Ali, File)

FILE - Palestinians line up for free food during the ongoing Israeli air and ground offensive on the Gaza Strip in Rafah, Jan. 9, 2024. A top U.N. official said Friday, May 3, 2024, that hard-hit northern Gaza was now in “full-blown famine" after more than six months of war between Israel and Hamas and severe Israeli restrictions on food deliveries to the Palestinian territory. (AP Photo/Hatem Ali, File)

Palestinians rescue a woman survived after the Israeli bombardment on a residential building of Abu Alenan family in Rafah, southern Gaza Strip, early Saturday, May 4, 2024. (AP Photo/Ismael Abu Dayyah)

Palestinians rescue a woman survived after the Israeli bombardment on a residential building of Abu Alenan family in Rafah, southern Gaza Strip, early Saturday, May 4, 2024. (AP Photo/Ismael Abu Dayyah)

President Joe Biden walks across the South Lawn of the White House as he talks with White House press secretary Karine Jean-Pierre Thursday, May 2, 2024, in Washington, after returning from a trip to North Carolina. (AP Photo/Mark Schiefelbein)

President Joe Biden walks across the South Lawn of the White House as he talks with White House press secretary Karine Jean-Pierre Thursday, May 2, 2024, in Washington, after returning from a trip to North Carolina. (AP Photo/Mark Schiefelbein)

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