It was passed and signed into law earlier this year, and Aug. 24 is when New York State's Red Flag legislation takes effect. It would allow certain authorities to seek the temporary removal of firearms from individuals who pose a threat to their own selves or to the general public, even if they haven't been arrested. One local authority admits it will be a challenge to ensure public safety while also respecting Second Amendment protections.

WBFO's Michael Mroziak reports.

Erie County District Attorney John Flynn has written every police department and school district within his jurisdiction, explaining the Red Flag Law and how they may use it to request a temporary Extreme Risk Protection Order (ERPO) against individuals they believe pose a legitimate threat to others. Police and school officials are among those who, under the new law, will be allowed to seek such an order. District and county attorneys and household members will also have the ability to seek the order, even if the individual in question has not been criminally charged with an offense.

"I need to do whatever I can to make sure that we don't have, here in Buffalo and Erie County, a situation that happened in El Paso, in Dayton, in Parkland, in Littleton, et cetera, et cetera," Flynn said. "Connecticut, across the country, Las Vegas, the list goes on and on."

Under the Red Flag Law, if a request for an ERPO is granted by a court, the person named must be notified, after which a hearing is required three to six days after that individual received the notice. Authorities may remove firearms from that person's possession, as well as forbid the person from buying a firearm, for up to one year but they also have the right to apply for a renewal within 60 days of the original order's expiration.

Erie County District Attorney John Flynn explains the process to acquire and enforce an Extreme Risk Protection Order under New York's Red Flag Law, which takes effect Saturday, August 24.

However, the Red Flag Law has raised concerns by Second Amendment advocates about the rights of gun owners. Congressman Tom Reed, whose district includes the Southern Tier in Western New York, says he's received numerous calls from constituents about the issue.

"We stay in close contact with many of our Second Amendment groups and also the sporting industry. There's a voice there that's very concerned that New York is going down this slippery slope of attacking law-abiding citizens when the law-abiding citizens are doing nothing wrong," Reed said in his weekly conference call.

Erie County's DA admits it will be a challenge to balance eliminating public safety threats and protecting the rights of gun owners. He adds that there are some instances by which he cannot seek to remove a gun from a home. For example, if a minor has made a public threat of violence against his or her school, neither Flynn nor any other authority could seek the removal of a parent's gun.

All he can do in those situations is persuade a family to take the initiative in a heart-to-heart talk.

"You need to lock your gun up," he said. "You need to perhaps get your gun out of the house. Give it to your brother. Give it to your uncle, whoever. Get it out of the house. That's all I can do. I can't take it from dad or mom."

Flynn cited a study of public mass shooters from 1966 to 2018, conducted by The Violence Project and funded by the National Institute of Justice, finds four commonalities among a majority of the offenders: A majority suffered a childhood trauma or were exposed to a violent episode at a young age; There has been an identifiable point of crisis in the shooter's life within weeks or months of the attack; Those who commit the shootings have studied the actions of past shooters; They have the means to carry out the mass shooting.

"One of the biggest things that we can do now to alleviate mass shootings is to do what we can to limit the means of an individual who may commit the shooting," he said.