The Unified Court System says there are currently 129 active Extreme Risk Protective Orders in New York.
But a deeper dive into the numbers seems to show limited implementation of the new Red Flag law around the state. Erie County District Attorney John Flynn is not surprised.
"I felt all along there really wasn't going to be that many to tell you the truth," Flynn said. “I didn't think that this was going to be that big of an issue."
The law precludes anybody a judge deems to be an extreme risk from purchasing or possessing a gun.
Only 12 of the 62 counties in New York have active orders. Nearly 60 percent of all of the active temporary or final orders in the state are in Suffolk County. A spokesperson for the unified courts said law enforcement has been "very aggressive" there.
"There may be instances across the state where they are just making sure and covering their backside," Flynn said.
In Western New York, there are three active orders. None of them are in Erie County.
Since August 24, Flynn said four Red Flag cases have crossed his desk with only one reaching a judge.
"The law enforcement agency, they wanted to do it," he said. "I personally thought that it was a weak case. I said to myself I doubt the judge is going to grant this."
The judge rejected that petition but gun rights advocates argue the person in question was not afforded due process. They also said infrequent enforcement does not mean it's a good law.
"When you have somebody who's in a pro-gun area, yes there's not a problem," Nick Massal, SCOPE president, said. "What happens when you get an anti-gun district attorney that takes every one of these and decides to put it to court."
With officers, school teachers and administrators and family allowed to petition, Flynn recognized the orders could be more regular as people become more familiar with the law. Regardless, he said he'll treat them all as seriously as the few he's seen so far.
"It worked in the sense that there are safeguards in place to make sure that we're not going to abuse this law," he said.
Flynn said anyone in Erie County who thinks someone may be an extreme risk should contact his office.