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N.Y. Judge Rejects School's Request for "Red Flag" Order Against 13-Year-Old, Including No-Knock Search Warrant

Eugene Volokh | 8.1.2026 11:56 AM

Some excerpts from N.Y. Saratoga County trial court judge Jonathan Schopf's long decision in Anonymous School Dist. v. Anonymous a week ago:

This matter stems from the filing of a Petition for a Temporary Extreme Risk Protection Order (herein "TERPO") under … New York State's "Red Flag Law" …. Respondent is a thirteen (13) year-ol…

On June 16, 2026, a Petition was filed seeking the issuance of the Temporary Order preventing the Respondent from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun as well as seeking a "no knock" search warrant executable at any time of the day or night without notice of the officer's authority or purpose for an address associated with the Respondent's father and an address associated with the Respondent's mother, and the seizure of any firearms, rifles, or shotguns located therein pursuant to such warrant.

In support of this Petition, the district filed an Affidavit of L., a teacher's aide, an Affidavit of the superintendent of the school district, and a printout of the Respondent's disciplinary referral record for the current academic year. {The sole basis in the Petition for the search warrant was that on June 16, 2026: "[w]hile [Respondent] and another student were in the hallway, he said to another student: 'I can't wait to shoot up the school.' When speaking with an administrator, [Respondent] initially denied making the comment but then admitted to making the comment."}

For the reasons set forth herein, the Court denied the TERPO application and set the matter down for a hearing for a Final Extreme Risk Protection Order on June 23, 2026….

At the outset, in issuing the denial of the Temporary Order, the Court found the request for a no-knock search warrant lacked evidentiary support in the Petition to grant the relief. The TERPO Application in this matter requested a search warrant for the homes of both Respondent's mother and father, and to seize any firearms found therein. The application specifically requested the Court to authorize execution of the search "at any time of the day or night" and "without notice of the officer's authority or purpose"—colloquially known as a "no-knock warrant." The standard for the issuance of a search warrant pursuant to CPLR Article 63-A is governed by the Criminal Procedure Law.

The supporting affidavit of the superintendent appears to support the request for the search warrant by stating that: "[s]tudent's father is known in the community as a licensed firearm dealer thereby indicating that student has access to firearmsin the home …" The affidavit further states that "[b]ased on my 26 plus years as an educator, the comment Student made to a peer, and the access Student has to and familiarity with firearms, I believe that Student represents a danger to himself and others and that he should not be permitted to use or possess firearms, or be in a household where he has access to them." …

The Respondent, and his parents, are not convicted felons and Respondent was not charged with a felony crime, let alone any crime, despite the allegations contained in the Application.

The Court likewise finds no evidence that the alleged lawfully owned and secured firearms possessed by the Respondent's father were actually accessible by Respondent. Rather, the Application states in a conclusory manner bereft of facts that Respondent has access to firearms because his father holds a Federal........

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