Gun Law/"Red Flag" Proposal - Miguel Rivera


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The red flag bill it's a measure from Governor Cuomo that he's bringing before the New York State Legislature. He's asking them to pass this legislation and under it it would allow school employees to initiate. Gun confiscation. From their homes and troubled students and slide in studio this morning is Miguel Rivera. Miguel is with Rivera investigations he's a firearm instructor here in the buffalo and Western New York area Miguel. At first glance at this legislation that's going through the state right now what did you think. On good morning guys first off. And again we've we kind of spoke on this earlier teachers are mandated reporters anyway. I think it's a little redundant that he try to pass legislation saying the same thing again. And then and putting this kind of decision making process on the teachers themselves. Having these have been much. Is the decision really on the teachers here are my teachers feel like okay. I'm reporting this and then this will go through the court system all I'm trying to do is kind of raise awareness. Hey watch out for this person or this family there might be something going out. Well that in and here's the catch. Understanding that teachers are mandated reporters and then dealing with that Obama's second chance. Legislation that was passed in the schools. We're actually schools could decide whether they reported something or not. Now he's trying to pass something that's saying okay teacher you may or administrators you make the decision whether. You or. A danger to yourself. A danger to anyone else and then let administrators made the decision whether they're gonna called the authorities and have the authorities come in and go further with whatever they have. I think it's a bit march. I'm teachers who are ready mandated reporters I think a second chance thing needs to be looked at again. Odd because that that's part of the problem is sexy paving the way. A half force students to do certain things and there's no repercussions for. We getting teachers too much responsibility as easily as who we teach teachers are there. To teach our children denied there to raise our children that's a parent's responsibility. Our and they need help. If you look at the student to teacher ratio it's ridiculous chip one guidance counselor in the school for how many kids. Soft as the guidance Kelsey get to speak to. You know to one child well within it to a three month period they're doing pretty good. I think on I think a lot of teachers would agree with you that there they have too much responsibility but they might also say that. You know that responsibility is there are just because they're not getting the attention home bear were interacting with some of these kids more so than. A lot of the parents are so maybe. Are they the best qualified to be making decisions like this. Well I I think it would be best suited to put other programs into place you know you need more guidance counselors you know maybe you need some more. Counseling. Program set up for parents for kids. We you know whether they be single parent or or whatever that the problem may be announcing that that's the actual problem it whatever the problem may be at home. There has to be avenues to receive that other than saying. We'll put this decision on the teacher teacher you make the decision whether you gonna call 9/11 are going to fare in the court and and get in order protection. So that was law enforcement can go and confiscate whatever they demonize is necessary. We're talking about the red flag bill governor Cuomo's own legislation that he wants passed by the state legislature. And with Miguel Rivera repeat Nogales firms instructor he owns Rivera investigations. And the red flag bill essentially would allow school employees school officials teachers to initiate gun confiscation. From the homes of troubled students. Miguel define that this might be. Subjective. You know I think so. As as we can have spoken earlier. This has nothing to do with. Trying to fix the problem. Of of your active shooters or your instances in schools all this is doing is putting forward. Another piece of gun legislation. Trying to go after the media person or persons that are. They're acquiring their their permits and in the proper manner that's all it is. It brings up so many interesting conversations both about the environments in school and at home. Com what are we start in school in the classroom we are talking a little bit last segment about the responsibilities. That have been placed. On teachers and how it's really expanded over the last you know 51015. Years and now this might be adding. Something new. Into the mix. Is that an unfair responsibility in your mind in. You know where does that responsibility fall from teacher and home life to make the call line. How student may be feeling your dealing with those some problems. Sure you know it again and and as we spoke earlier. I think the responsibility of raising a child belongs to the parents you've made the decision have a child it's your responsibility to raise it. It's not a teacher's responsibility. I I remember when I went to school. You know some kids the only breakfast they got was during the breakfast program. I'm going to school. Which which was pretty sad. But and then we began on to talk about that second chance programs you know we talk about. That did teachers make the decision where they're gonna report something to law enforcement or not. You know dealing with my kids I've always taught him. Right wrong or in different whatever decision you make there's going to be a consequence for whatever action you take there's a consequence for it. And and they have to expect that you know we we spoke on. A young man. Goes to school my son got caught the parking lot he's selling his mother Scripps. Out of his backpack. School authorities are notified. They go over they checked the the young man's backpack they find a pocket knife. Rate. Was 9/11 notified no. Because of his second chance. Legislation that was put through the school can make the decision whether they're gonna call the authorities are not so what is it can get. He's not taken on sports. He's not as a suspended there's no. Paperwork generate he gets in its in house in school suspension. Which means he sits in a study hall. Listening to his iphones for the rest that he's not considered a threat. I I would've said it was a threat you know he's he's selling he's selling prescriptions he's carrying a knife. There again you're laying something in the hands of a teacher that is actually sent there not to raise your child's. Not to pass judgment on your child. But to give some type of discipline and teach. We're putting an awful lot of responsibility and a teacher shall issue where I don't think should be there and I think a story like that would probably in your mind code showed that something you know maybe this law can be passed. But that doesn't necessarily mean that the death even whether it's to the letter of the spirit of the law will be followed through. And every single individual school cross state sure you know I I I think. And the student to teacher ratio is is just horrible I think we need more guidance counselors in their. You know you when you start speaking on violence in the schools we start talking about looking at the root of the problem. You know is it is indeed the lack of respect for. Life. You know I do they need guidance counselors do they do do do physical home to the parents need counseling. You know it is is it a mental health issue these are things that need to be looked at you know we've we've got to stop thinking that the one tolls and take care of one man can take care. We're joined live in studio by Miguel Rivera Miguel even sing with this law that it really. Doesn't change too much with the what's already on the books and out there. Narnia it's examining it sounds. Very very familiar with laws that are ready in place the responsibility it's already in place you know as as a teacher as a parent. You know if you see something and and it looks like something's going awry partied you know the the actions of your children aren't where there do should be. And there's always counseling that can be receives there's always mental health. Friendly court action. You know whatever it is it's that we have to understand that it's our responsibility as a parent. To be responsible for what our children do. And and and whom and the waiter talked. You know teachers again we spoke on teachers being mandated reporters. That's a ready in place if if a teacher sees something going on with the student. And you know whether they're blowing someone whether they're being bullied. You know whether they feel something's going on at home and needs to be reported there should be no chance that. It's left up to a teacher or the administrator or someone in the school whether they decide if it's severe enough. Should reporters and nets at second chance legislation. So if these laws are already there. Is this then just making a political point. This is just a political point it's squawking and it's making. It's making an attack. I'm gun owners. Having everybody freak out saying listen this is just another avenue and other building on the the past. Because it would be the first time it's ever been passed New York we the first. On and wannabe presidents on the put the summit resonant are in studio guests throughout the idea rest of this half hour is Miguel Rivera former buffalo police officer current. Firearms instructor with Rivera investigations. Were talking about this. Red flag. Bill that said the governor is trying to push through Albany. Basically would allow teachers school administrators. To get the courts involved and remove guns from homes of students who BI they identify his. Potentially having a problem or potentially. Being a risk you know Miguel a lot of did discussion we've had this morning it's been about responsibility. Whether it's the responsibility placed on teachers. The responsibility of parents in homes I'm wondering what you see with a lot of the people you talk with who owned guns as far as. How they take their responsibility of keeping those firearms safe because it seems like one of the core issues here too is. The access that these kids have to the weapons within their own home. Probably shouldn't be there in the first place if they are talking about their parents guns are most gun owners. You know cognizant of that keeping their gun safe vote knowing that their child might have a key to a gun safe things like that. Well and that's a very good points. If you rewind just a little bit and go back to the actual permit process. There's a question on the pistol permit that says. What provisions have you made to sea Crete the firearm in your home and safe manner. And and you have to be your answer should be and and if it's not you know because of system from the department will party backed. On is a gun safe Oregon locker. As you being the permit holders it is your responsibility. To make sure that that weapon is stored safely in your home and that doesn't mean that. You know the guns placed in in in in your bedroom and sock drawer or you know underneath your mattress or you know I I got it on top of a really high. I entertainment center at the days of doing general who work on and they have to be stored they have to be locked. An and I'm also an and our instructors will be an eerie and advocates listen you don't store firearms. Loaded then they have to be stored separately from ammunition. In a locking container. Totally separate so. Or would there be a reason Noory cause for someone else to have a key to your gun safe. The vet on an individual basis would depend on you know who do you want to have access how old RD or mature enough to understand you know why would they need access. For one I mean it could be way for a could be husband so you may want them have access. But. That falls back on the gun owners themselves as a responsibility they did that they need to have and that they need to take. In studio guest Miguel Rivera for very investigations former buffalo police officer current firearms instructor we're talking about this red flag. Legislation that's being put forth by Governor Cuomo is a way to. Prevents. School shooting zone one of the issues we've been talking about throughout your. Time here has been. And there really is no one singular way to prevent events like this from happening. How is the best way. To go bounce preventing it fan because if there is no one singular way we can look at every single proposal being put forth and say well. That's not gonna cut it. And you're right brand I think we have to come together as a collective. Than there's there's. A few different things it can be done there is no magic pill was gonna take care of it. But I think as a society we come together as a whole. We've put mental health along with parenting. Along with. You know a few other things and I think we can come to a solution that way it's seems to me that no matter what side a lot of these solutions are coming from very few of them seem to be done in good faith they all kind of have that hints of politics. Or whether it's a personal politics or politics for personal gain. Surrounding them hey have you heard any you know good faith. Suggestions. Being put out there within the last year or so won this has become such a hot topic. No are you know. Speaking to a lot of the law enforcement guys in there and things of that nature we we do you do the best you can with the training you try to update to training. God forbid some like that happens whoever it was prepared for it but as as far as solutions. Politically. You you really don't see it it doesn't really attacked the actual. Problem itself it's not it's not more of those. The what but the Y is what we need to look at and and politically I don't see anything coming out of it there's always a hidden agenda somewhere. Mailed gun owners steals their Second Amendment Rights are threatened you know with the safe act and now with this this red flag bill. What happens in a state won a guns confiscated. How does Brent gun owners go about the process of getting their guns back. On Susan you you bring up a really good point and again as this was kind of twofold. Because we have to understand the difference between being a permit holder and talking about handguns. And then talking about long guns as well. If if we're looking ads this piece of legislation is put through and there's a court order. And law enforcement comes in or the court order says remove all your firearms or turn the men on your own. You have to tournament. If it's a long guns rifles when the court case is settled. And you got in order from the judge that says you can return them. Then you can go back to the agency that confiscated and Choi on the court order he gets along guns back however with a pistol permit it's a lot different. If your pistol permit is revoked or your guns are turned and you have to apply in writing for a pistol permit hearings with a pistol from a charge so even if your court cases over. That doesn't mean you're gonna get your permit back that doesn't mean you can get your handguns back that simply means that not you can apply in writing. And request to have your hearing. Which can take up to a year. It's a real Leo long process to get that back how quick is the process the other way though. When it comes to it taking the guns away in the first place that can happen almost immediately understand what would the way this legislation looks. You whatever scoring nine is hinging on whoever's making that decision. To call ups and the quarter call a judge or call law enforcement and say hi on the school administrator and based on this bill. I think there's a problem I need I need you know action be taken and then that opens the doorway for someone come in and take your firearms. No matter what the way they'd have brought permit holder. With handguns or longer points. Who would you agree that there are certain scenarios though where there is somebody who's maybe teenage may be high school middle school aged who always troubled. Where there shouldn't be guns in the house who were you would have a parent who would say you'll. I don't want to give them away or right whether its turn them into a somebody else sore. It's something where it my son couldn't have direct access to there again if falls back on kind of what we're saying earlier in and you got to base it. I wouldn't say base that on that legislation of the boat basin on common sense regulation. You know you if you have something going on at home and and your son your daughter's acting up ordered to do something going on and you just not quite sure what's happening. Well you know you was a gun owners your responsibility to make sure those guns are stored properly. It is not they you have an open door revolving door policy for your kids to come in and grab whatever they want is your responsibility is to go on owner now. Should guns be taken. Not for me to say it's you know it's it's again you get into right infringement in and everything else went. You have to understand he was a gun owners your responsibility to make sure distort proper in your own and then this allows the teachers to teach and not. Have to have absolutely your children raising your child it's not there can not their responsibility balancing concern I love teachers I got some friends that are. Very good teachers and and trust me breaks our heart when they have to go out and and by. Crayons or books or or chalk or something for the kids. To to have extracurricular our activities or whatever at the school with its toll ridiculous it should be supplied by the school. But yes it is not a teacher's responsibility to raise your child or teacher child ethics or morals it's the parent's responsibility for that. They're there to teach your child make sure they're in a safe environment make sure they're happy environment and and make sure it's it's conducive to learning. Miguel we appreciate the time as always that's Miguel Rivera Rivera investigations former police officer current firearms instructor. Lots of talk about this a red flag bill.