Will Pennsylvania Be The Next State to Adopt the “Red Flag” Gun Control Law? by Corey M. Lamoureux, Esquire

One of the most hotly contested topics in the United States today is gun control.  Unfortunately, our nation saw another mass shooting at a school, this time taking place in California on November 14, 2019.  This has re-ignited the debate on whether or not there should be more strict gun control laws both in the Commonwealth of Pennsylvania and the United States as a whole.

Some states have begun to adopt variations of the Red Flag Gun Control Law.  The Red Flag gun law allows for the temporary taking of firearms from an individual if that individual displays dangerous or threatening behavior.  Variations of the Red Flag law have been adopted in seventeen (17) states and the District of Columbia.

Similar to Pennsylvania’s Protection From Abuse Act, the Red Flag law allows for Courts to issue a protection order, allowing the police to temporarily confiscate firearms from individuals who are deemed, by a judge, to be a danger to themselves or others.  Most times this request for the Protection Order will come from friends, relatives, or law enforcement officers.

Under the Red Flag law, guns are taken away from the aforementioned individuals.  Those individuals will also be prohibited from purchasing guns during the time that they are prohibited from possessing them.

The states that have passed a Red Flag law include New York, Connecticut, Illinois, Florida, Indiana, and California.  While each Red Flag law is different, each law allows for the petitioning of a court to order the taking of an individual’s guns for a period of time. Depending on the state, the guns can be returned once the individual is deemed safe to possess firearms.

The Red Flag law has yet to be passed in the Commonwealth of Pennsylvania.  The attorneys at Reilly Wolfson will continue to monitor any development in the Red Flag law and how it may impact our clients and their families.  If you have any questions about this law, please contact one of our attorneys.

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