Dozens of state House Republicans – though not Rep. Kathy Rapp, R-Warren – are backing legislation prohibiting Pennsylvania from passing red flag laws.

The legislation – House Bill 1867 – is sponsored by Rep. Robert Leadbeter, R-Berwick. The bill faces an uphill battle in the state House as well as with Gov. Josh Shapiro, while Republicans continue to push against legislation previously approved in the state House that would have created a red flag law in Pennsylvania. While 30 Republicans support the measure, no Democrats has signed on as a co-sponsor.

“One of the greatest potential abuses inflicted on Pennsylvania gun owners comes under the guise of ‘red flag’ gun confiscation,” Leadbeter said. “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.'”

Red flag laws, most of which came into effect starting in 2018, allow police officers who believe gun owners are an imminent danger to themselves or others to petition a judge to order firearms surrendered or, barring that, seized for an “emergency” period, typically two weeks. The judge can then convene a court hearing in which petitioners present evidence to withhold weapons longer, typically a year, and the owner can argue against that.

Some states also allow family members of gun owners, school officials, work colleagues or doctors to ask for gun removal orders, also known as extreme risk protection orders. But data reviewed by the AP show nearly all petitions in several states were initiated by police, possibly because, as several surveys have shown, few people outside law enforcement are even aware the laws exist.

While the state House of Representatives passed a red flag law in 2023, the measure did not pass the state Senate.

According to Leadbeter, red flag laws ignore the historical belief in “innocent until proven guilty” and instead flip the script by assuming a person is guilty and assuming a crime may happen before it has been committed. He said House Bill 1867 would ensure due process by guaranteeing every citizen would not lose their rights without clear evidence and a fair hearing and stress alternative solutions by addressing mental health and public safety concerns without defying fundamental freedoms.

“Red flag laws allow courts to confiscate firearms based on allegations of potential harm, often without due process,” Leadbeter wrote in his co-sponsorship memorandum. “While intended to address public safety, these laws undermine constitutional rights, circumvent the Second Amendment, and erode trust in the justice system.

I am introducing legislation to prohibit Red Flag laws in Pennsylvania, ensuring that the rights of law-abiding citizens are not infringed without robust legal protections.”