Gun Owners of America Applies for a Red Flag Order for Senator Charles Schumer
by Carl Bussjaeger
Mar 06, 2020
In the wake of Senator Chuck Schumer’s threat against two Supreme Court Justices…
“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 have sent a letter and “red flag” order application to New York Governor Andrew Cuomo requesting a Temporary Extreme Risk Protection Order for the Senator.
It should be interesting to see if a judge will simply dismiss this as unfounded, ruling that Schumer’s public statement was mere political hyperbole. Even after the Chief Justice of the United States Supreme Court has called Schumer’s statement “threatening” and “dangerous.”
His very public threat happens to be a violation of New York Consolidated Law § 240.30(1)(a).
Originally Posted by New York Consolidated Law § 240.30(1)(a)
A person is guilty of aggravated harassment in the second degree when:
1. With intent to harass another person, the actor either:
(a) communicates, anonymously or otherwise, by telephone, by computer or any other electronic means, or by mail, or by transmitting or delivering any other form of communication, a threat to cause physical harm to, or unlawful harm to the property of, such person, or a member of such person’s same family or household as defined in subdivision one of section 530.11 of the criminal procedure law, and the actor knows or reasonably should know that such communication will cause such person to reasonably fear harm to such person’s physical safety or property, or to the physical safety or property of a member of such person’s same family or household;
Threatening is a Class A misdemeanor good for 12 months in jail. Or, since this threat went out to the world — interstate — 18 U.S. Code § 875 could apply. That one is good for five years.