"Justice Thomas Moran of the Supreme Court of Monroe County, New York, part of the state’s Seventh Judicial District, ruled in late December that the state’s red flag law, aka Extreme Risk Protection Order law, or ERPO, is unconstitutional.

He relied on the recent Supreme Court ruling in Bruen that any law infringing on a citizen’s rights under the Second Amendment meet a very strict standard: “The government must demonstrate that the regulation is consistent with the Nation’s historical tradition of firearm regulation.”

The state’s ERPO law didn’t meet that standard, and Judge Moran tossed it:

[The law’s] goal of removing weapons from the otherwise lawful possession of them by their owners, without adequate constitutional safeguards, cannot be condoned by this Court.

While some may advocate that “the ends justify the means” in support of [the law], where those means violate a fundamental right under our Bill of Rights to achieve their ends, then the law, on [its] face, cannot stand.

Therefore, the “Temporary Extreme Risk Protection Order” (TERPO) and “Extreme Risk Protection Order” (ERPO) are deemed to be unconstitutional by this Court.… It cannot be stated clearly enough that the Second Amendment is not a second class right, nor should it ever be treated as such. [Emphasis in original.]"

https://thenewamerican.com/new-york-judge-rules-states-red-flag-law-unconstitutional/?mc_cid=a658ea9598&mc_eid=79bc903401