The Buffalo supermarket massacre should never have occurred under New York’s “red flag” law, which is designed to specifically keep firearms out of the hands of disturbed individuals, a gun policy expert told The Post Tuesday.
Accused mass killer Payton Gendron may have been a perfect case for the use of the law, as reports that the 18-year-old was talking about suicide and murder came to the attention of educators and law enforcement nearly a year before he killed 10 black people on Saturday — but nothing was done.
“Though the facts about the circumstances leading up to this shooting are still developing, NY’s red flag law had the potential to prevent this tragedy and it appears that it just was not utilized,” New Yorkers Against Gun Violence executive director, Rebecca Fischer, said.
The law, which is also known as an extreme risk protection order, is supposed to temporarily remove guns from people who have the potential to harm themselves or others.
Family members, law enforcement and schools can each start the process of petitioning the court for an order under New York’s law by filing out a two-page application.
In Gendron’s case, it appears no one tried to invoke the red flag law.
The teen had made a “general” threat at his Susquehanna Valley High School last June that resulted in state police being called in and him undergoing a mental health evaluation at a hospital for a day-and-a-half, authorities have said.
New York Gov. Kathy Hochul told Buffalo radio station WKSE-FM that Gendron had talked about murder and suicide when a teacher asked about his plans after school ended.
Police have confirmed no request was made to remove any firearms from Gendron after last year’s investigation. It wasn’t immediately clear if the school considered filing one.
Fischer said this showed the system failed on multiple fronts in Gendron’s case.
“When the shooter first made threatening statements about murder-suicide at his school, a red flag petition could have been filed right away by the family, the school or by law enforcement,” Fischer said.
“Even though the mental health facility apparently determined that the shooter was not in an immediate mental health crisis, the state Supreme Court may have still determined that the shooter should not have had access to guns.
“After all, it was considered serious enough to engage state police in an investigation and require a mental health evaluation.”
Since the law was implemented in 2019, 589 orders have been issued across the state, according to the State Office of Court Administration.
The process involves filling out a two-page application in a county court. A judge then decides whether to issue a temporary order on the same day the application is filed, according to the courts. If it is issued, police take the guns.
If the judge decides to issue a permanent order following a hearing, it remains in effect for a year.
State Senator Brian Kavanagh, who sponsored the law, said a review should be carried out to determine whether the law was applied correctly in Gendron’s case.
“We know he made disturbing comments, we know the school took it seriously and investigated. What we don’t know is what the evaluation with law enforcement turned up,” Kavanagh told The Post.
More coverage on the Buffalo supermarket shooting
- FBI interviews parents of alleged Buffalo supermarket shooter Payton Gendron
- Payton Gendron wore hazmat suit to school, was hospitalized after threatening classmates
- Payton Gendron allegedly left ammo, rifle at friend’s a day before Buffalo massacre
“If there was evidence [he was dangerous] … a protection order should have been sought.”
He added: “Somebody who is threatening violence at a school, it’s the kind of behavior we’re concerned about.”
“We need to make sure all our law enforcement, schools, district attorneys, and families of people showing signs of potential dangers are aware of this tool and are using it.”
