Tell PA Sen. Leadership – ERPOs are constitutional
Fellow Advocate,
I’m coming to you with some good news: Today, the U.S. Supreme Court decided in U.S. v. Rahimi to uphold decades of established law, keeping guns out of the hands of individuals with civil domestic violence restraining orders.
But there’s even better news. This ruling affirms the constitutionality of one of our legislative priorities, long halted by PA Senate Leadership.
The 8-1 opinion, written by conservative Chief Justice John Roberts states, “when an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment”.1 That’s a perfect articulation of exactly what an Extreme Risk Protection Order (ERPO) does. Effectively, SCOTUS agrees with the majority of Pennsylvanians2 that ERPOs are constitutional.
In contrast to last week’s disastrous decision overturning the federal bump stock ban, today, SCOTUS sided with the majority of Americans who believe our government plays a vital role in protecting the most vulnerable among us. This decision reaffirmed Pennsylvania’s Act 79 of 2018,5 a bipartisan, life-saving law which disarms domestic abusers, and it just invalidated the argument against ERPOs.