Judge Denies Red Flag Order and No-Knock Warrant for 13-Year-Old Student
Saratoga County Judge Jonathan Schopf rejected a petition for a temporary extreme risk protection order and a no-knock search warrant targeting a 13-year-old who allegedly said he wanted to shoot up his school.
In a detailed ruling, Judge Jonathan Schopf dismissed a request for a temporary extreme risk protection order and a no-knock search warrant aimed at a 13-year-old student who reportedly told a peer he wanted to shoot up the school. The petition relied on the child's comment and the father's federal firearms license, but the judge found no concrete proof that the child could access any weapons. New York's Safe Storage Act and existing statutes already prohibit minors under 16 from possessing firearms, so the court saw no legal basis for additional orders.
The request to search both parents' residences without notice was also rejected for lacking evidentiary support. The judge denied a final extreme risk protection order at a subsequent hearing and set a future date for further proceedings.
Why it matters
The decision clarifies limits of New York's red-flag law when applied to minors and underscores evidentiary standards for extreme risk orders.
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