Pennsylvania Preemption Bill Aims to Stop Red Flag Laws Before They Start

Republican Representative Robert Leadbeter, of Columbia, PA, has introduced preemption legislation that, if passed, could prohibit lawmakers from enacting Red Flag laws in Pennsylvania. Although such orders, also known as Extreme Risk Protection Orders (ERPOs), currently do not exist in the state, Pennsylvania’s Democrat-controlled House has been beating that drum in recent years, not to anyone’s surprise. 

Fortunately, Pennsylvania remains balanced to some extent due to its Republican-controlled Senate, particularly the judiciary committee, which has put the brakes on a number of anti-Second Amendment bills, including those seeking expanded background checks, Red Flag laws, and a bill that imposes felony charges on any individual who sells or purchases a firearm or firearm part lacking serial numbers. 

Literacy and general coherence permit Leadbeter to make sense as a politician, a rare quality in the political cesspool, as he points out that Red Flag laws not only desecrate the Second Amendment, but also act in clear defiance of due process and America’s historical principle of being “innocent until proven guilty.”

“One of the greatest potential abuses inflicted on Pennsylvania gun owners comes under the guise of ‘Red Flag’ gun confiscation… Not only do these laws blatantly violate the Second Amendment, but they also infringe on the 14th Amendment in the U.S. Constitution, as it reads no state shall ‘deprive any person of life, liberty, or property, without due process of law,” said Leadbeter. 

There is no discussion or debate to be had on the issue, as Red Flag laws were explicitly designed to circumvent due process, like Minority Report, but instead of psychic precogs and a precrime division, they open the door for law enforcement, family, or household members to petition for a court to restrict a person’s access to firearms. Such unconstitutional legislation can have a chilling effect, as it promotes abuse for punitive intent, like grudges and ongoing disputes, not to mention as a tool to gain tactical advantage and bully the other side of a divorce proceeding or custody battle. 

But this is what the left wants. It is part of the formula used to turn people against one another, stoke division, and destroy families. It also creates a dangerous precedent, as Americans are well aware of their rights, and many may not take kindly to the confiscation of their property without due process. And we all know what happens when the government comes knocking at 6:15 AM to murder, I mean discuss, a difference of opinion. 

“It is our duty to uphold Columbia County’s conservative values and reject the Democrat majority’s attacks on our God-given liberties… That’s why I’m grateful to lead and support all efforts to protect our freedom, keep our communities safe and strengthen Columbia County families and seniors,” Leadbeter said.

Preemption laws like Leadbeter’s House Bill 1867 are all the rage, and for good reason. Still, I can’t help but point out the absurdity that allows legislators to create laws that circumvent the law of the land in the first place, which causes us to have to create another law, essentially reminding us that we can’t do that. Convoluted, isn’t it?