proposed laws

PA Bill Number: HB777

Title: In firearms and other dangerous articles, further providing for definitions and providing for the offense of sale of firearm or firearm parts without ...

Description: In firearms and other dangerous articles, further providing for definitions and providing for the offense of sale of firearm or firearm parts without ...

Last Action: Third consideration and final passage (104-97)

Last Action Date: Mar 27, 2024

more >>

decrease font size   increase font size

Guest Opinion (Rep. Aaron Bernstine): Red Flag law is not the solution to mass shootings :: 08/26/2019

The United States Constitution famously states that “the right of the people to keep and bear arms, shall not be infringed.” Unknown to most, the Constitution of Pennsylvania goes even further by writing, “The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.”

As of late, however, it seems that many politicians across our nation and commonwealth (both Democrat and Republican) would have us believe these documents actually mean, ”... except shortly after mass shootings.”

It is no secret that the recent incidents in Texas, Ohio and, now, Philadelphia have shaken our great nation to its very core. And now, with a new gun control bill making its way through Congress at this very moment, it’s unlikely that the issue will fade from the public discourse any time soon.

The threat posed by this new call for gun control is far from an exclusively federal issue, however. This is because efforts to bring so-called “Red Flag” legislation — otherwise known as Extreme Risk Protection Orders (ERPO) — have returned to the floor of the Pennsylvania General Assembly, under the direction of Gov. Tom Wolf and several other Harrisburg politicians.

The people want solutions to these senseless atrocities — and the countless ones just like them that have plagued our country for decades. This is perfectly understandable, as I do too (along with everyone I have ever spoken with on the subject). That being said, we owe it ourselves to recognize that these reactionary Red Flag laws represent the wrong kind of approach to the very real problem of violence in America.

Imagine the outrage that would rightfully ensue if politicians were to suggest that, for the sake of public safety, people with “certain mental disorders” should have their right to freedom of speech revoked “until further notice.” Better yet, imagine the consequences that would follow if it were proposed that we do this for any other constitutional right.

This clearly establishes a precedent that should alarm any American. With the “evolving standards” of both our society and judicial system as to what constitutes a mental illness and what doesn’t, should we really risk opening the door for people with, let’s say, the wrong political or religious beliefs to be be deemed “too dangerous” to own a firearm?

Yet, this is exactly the kind of insanity that Red Flag gun control seeks to normalize — a climate in which, at any given moment, your Constitutional rights can become negotiable without so much as a fair warning. An anonymous accusation is all that would stand between you and your inherent right to protect yourself.

The most tragic part of all this, however: Red Flag laws have already been passed in 17 states (as well as Washington, D.C.), each of which serves as a real-life testament to the failures of gun control. If you think this is just another conservative talking point, consider the fact that even Chuck Schumer is now acknowledging the ineffectiveness of Red Flag laws (albeit, for an entirely different reason).

The bottom line is that our constitutional rights ensure that every American — white, black, rich, poor, young, old, Republican and Democrat — is vigorously protected, in both good times and bad. We must either stand by the right to bear arms in challenging times such as this, or forfeit the right to call ourselves “the land of the free.”

Rep. Aaron Bernstine is a member of the Pennsylvania House of Representatives, where he serves the people of Pennsylvania’s 10th District. You can reach him at www.repbernstein.com and follow him on Twitter @AaronBernstine.

https://www.timesonline.com/opinion/20190825/guest-opinion-red-flag-law-is-not-solution-to-mass-shootings