Lawmakers Eye 'Red Flag' Law Among Policy Options in Response to Mass Shootings
A Montgomery County Republican lawmaker Aug. 5 renewed his call for a law to establish Extreme Risk Protection Orders that would disarm people who are shown to be a danger to themselves and others.
August 09, 2019 at 10:00 AM
3 minute read
A Montgomery County Republican lawmaker Aug. 5 renewed his call for a law to establish Extreme Risk Protection Orders that would disarm people who are shown to be a danger to themselves and others.
State Rep. Todd Stephens, R-Montgomery, in the immediate wake of the El Paso, Texas, and Dayton, Ohio, shootings, asked House Speaker Mike Turzai, R-Allegheny, Majority Leader Bryan Cutler, R-Lancaster, and Judiciary Committee Chairman Rob Kauffman, R-Franklin, to take up the measure, known as a “red flag law.”
House Bill 1075 was referred to the Judiciary Committee in April. It would allow judges to hear evidence and issue an order to disarm persons in crisis before they commit acts of violence.
Stephens said in a statement that 17 other states and the District of Columbia empower judges to issue Extreme Risk Protection Orders in appropriate circumstances.
“While this subject often provokes substantial policy debates, I know we all agree that the loss of one innocent life to gun violence is a tragedy that we must work to prevent,” Stephens said.
Under the bill, a court could immediately issue a temporary ERPO, but it must follow up with a full expedited hearing where the subject of the order may participate and offer evidence and testimony before a final order is issued. Final orders must be as short as safety allows but may not last more than one year.
Under this process, a district attorney could represent the petitioner, while a public defender could represent the respondent at the hearing for a final order.
Meanwhile, Pennsylvania Sen. Lisa Baker, R-Luzerne, the chairwoman of the Senate Judiciary Committee, said Aug. 6 she would hold public hearings on gun safety, the PennLive website reported. No date was immediately announced for the hearings.
Baker said in a statement that her committee “will be holding a series of public hearings intended as a prelude to action.”
Sens. Larry Farnese, D-Philadelphia, and Tim Kearney, D-Delaware, called on Wolf to call the General Assembly into a special session to consider gun safety and address violent ideologies such as white nationalism.
Finally, House Democratic Leader Frank Dermody, D-Allegheny, issued a statement favoring “a stronger and more comprehensive system of background checks at the national and state level to make sure we preserve the rights of lawful gun owners while getting rid of the loopholes that put weapons in the hands of the people who are prohibited from having them legally or because they pose a clear danger to themselves and others.”
He also called on the General Assembly to “address the sickness of hate in our society.”
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