Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Feb 2007
    Location
    Apolacon Township, Pennsylvania
    (Susquehanna County)
    Age
    77
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    Thumbs down A screwed up piece of manure - HB - 2859

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

    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


    "Those who can make you believe absurdities can make you commit atrocities".

  2. #2
    Join Date
    Nov 2007
    Location
    Belly of the BEAST, Pennsylvania
    (Montgomery County)
    Posts
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    Default Re: A screwed up piece of manure - HB - 2859

    Quote Originally Posted by Brick View Post
    Establishes a means for COUNTIES to set up their own RED FLAG LAWS
    Would this violate preemption?

  3. #3
    Join Date
    Jul 2007
    Location
    ..............., Pennsylvania
    (Chester County)
    Posts
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    Default Re: A screwed up piece of manure - HB - 2859

    Quote Originally Posted by icp4life162005 View Post
    Would this violate preemption?
    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.
    IANAL

  4. #4
    Join Date
    Jan 2012
    Location
    somewhere, Pennsylvania
    Posts
    623
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    21474849

    Default Re: A screwed up piece of manure - HB - 2859

    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."
    I am not a lawyer.

  5. #5
    Join Date
    Feb 2013
    Location
    Ercildoun, Pennsylvania
    (Chester County)
    Posts
    5,513
    Rep Power
    21474853

    Default Re: A screwed up piece of manure - HB - 2859

    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.
    Corruption is the default behavior of government officials. JPC

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