A screwed up piece of manure - HB - 2859

Establishes a means for COUNTIES to set up their own RED FLAG LAWS

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Regular Session 2021-2022
House Bill 2859

Short Title: An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms and for abandonment of firearms, weapons or ammunition; in community and municipal courts, further providing for masters; and providing for extreme risk protection orders.
Prime Sponsor: Representative ZABEL
Last Action: Referred to JUDICIARY, Sept. 29, 2022 [House]
Memo: Enabling Counties to Access Federal Funding for Gun Violence Prevention Programs
https://www.legis.state.pa.us/cfdocs...type=B&bn=2859

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Originally Posted by Brick

Establishes a means for COUNTIES to set up their own RED FLAG LAWS

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Would this violate preemption?

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Originally Posted by icp4life162005

Would this violate preemption?

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No - if enacted this would be a program authorized by state statute. Any powers granted therein to a county to effect this state program would therefore not be the result of a county enacting laws under their own authority as a governmental sub-division.

It sure violates the PA State Constitution though.

"The right of the citizens to bear arms in defense of themselves and the State shall not be questioned."

Red Flag laws also violate the US Constitution. Something about warrants and such and the right to face accusers or innocent until proved guilty. I dunno with Qualified Immunity and Civil Forfeiture it appears the US Constitution is no longer relevant to the uniparty Police State.