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Old July 25th, 2019, 07:10 PM #1
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Did PA Ever go 'Red Flag'?

That simple, really.

I don't recall hearing about any move in that direction, but curious if they did.
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Old July 25th, 2019, 07:33 PM #2
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I believe they did, or at least changed the rules on whom you must turn your guns to if ordered by a court
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Old July 26th, 2019, 08:31 AM #3
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Not according to Gifford’s Law Center

From Gifford’s website. Here is their information on it:

EXTREME RISK PROTECTION ORDER PETITIONS

Who Can Petition for an Order?

Twelve states and the District of Columbia have enacted comprehensive laws allowing family or household members, in addition to law enforcement officers, to petition a court to keep guns away from a dangerous person in the throes of a crisis. These laws closely mirror the domestic violence restraining order processes in their respective states. Some of these states also allow certain other individuals to petition.

In order to prevent individuals from abusing this process, many of these states have expressly made it a crime to knowingly file a false or intentionally harassing petition.10 Other states have limited the ability to petition for an ERPO to law enforcement officers or state attorneys.

Jurisdictions that Allow Family or Household Members to Petition

California11
Colorado12
Delaware (Only law enforcement can petition for ex parte orders)13
District of Columbia14
Hawaii (effective January 1, 2020)15
Illinois16
Maryland17
Massachusetts18
Nevada (effective January 1, 2019)19
New Jersey (effective Sept. 1, 2019)20
New York (effective August 24, 2019)21
Oregon22
Washington23

Jurisdictions that Allow Individuals Other than Family to Petition

District of Columbia (Mental health professionals)24
Hawaii (Medical professionals, educators, and coworkers)25
Maryland (Certain categories of mental and other health workers)26
New York (School administrators)27

States that Only Allow Law Enforcement Officers or Other State Officials to Petition

Florida28
Rhode Island29
Vermont30

Last edited by Charles Guggenheimer; July 26th, 2019 at 08:34 AM. Reason: Title not showing
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Old July 26th, 2019, 10:32 AM #4
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Closest thing was act79, went into effect April 2019, basically changing details of a FINAL protective order, after adjudication in court, not a TEMPORARY order as most of the so-called "Red flag" orders do, which strip due process before adjusdication. As I understand it, the main difference is that the PA law targets people subject to a final order and conviction of domestic violence, where they are already federally prohibited at that point, and it no longer allows firearms to be transferred away to family/friends, and it has to happen within 24 hours instead of 60 days.

Quote:
Primary changes under Title 23 include:
All final PFAs adjudicated in court by a judge now require weapons relinquishment. Final PFAs entered by agreement by consent do not require automatic weapons relinquishment.
Friends and family members no longer qualify as eligible safekeepers for firearms relinquishment.
In lieu of friends and family members, defendants may relinquish to an appropriate law enforcement agency (in the county in which they reside), a commercial armory, or a licensed attorney (defendant must have an existing client/attorney relationship and the attorney cannot be a family member).
A defendant may request the return of firearms upon the dismissal or expiration of the PFA, but must meet certain conditions. The plaintiff must be notified of the request.
Codifies law enforcement accompaniment for the plaintiff during service of the PFA.
Without having to prove new instances of abuse, a plaintiff may extend a PFA against an incarcerated individual who has or will be released from custody within 90 days.
Primary changes under Title 18 include:
The period in which to relinquish weapons for a misdemeanor crime of domestic violence has been reduced from 60 days to 24 hours.
As is the currently the case under federal law, a final PFA Order, whether entered by order or agreement, is a “qualifying protective order” under 18 U.S.C. 922 (g) (8) prohibiting the defendant from possessing or acquiring a firearm while the order is in effect, even if the PFA did not order firearms relinquishment. Act 79 makes this enforceable under state law.
Failure to relinquish firearms pursuant to a PFA Order or misdemeanor crime of domestic violence conviction is a 2nd degree misdemeanor. Further, upon conviction for failure to relinquish pursuant to a PFA, the defendant will be prohibited from owning/possessing/acquiring a firearm for an additional five years from the date of conviction, final release from confinement, or final release from supervision, whichever is later.
Act 79 Technical Ass
https://www.legis.state.pa.us/cfdocs...ssInd=0&act=79
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Old July 26th, 2019, 07:55 PM #5
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Thanks guys!

Great info, and answered another couple questions too.
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"You can accomplish anything, if you don't mind who gets the credit."
- Harry S Truman

"Do the right thing, because it's the right thing to do."
- Me

"America is a great country. You know it. Push back."
- Mark Levin


If you find yourself with nothing better to do, do something better.

'Nice' costs you nothing.


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