After the Kingsessing mass shooting, the Pa. Senate must pass red flag laws

Last week, five Philadelphians lost their lives and two children were injured by a mass shooter in the Kingsessing section of the city. Community members in Southwest Philadelphia woke up on the Fourth of July — a day that is supposed to be filled with celebration — in disbelief that more innocent lives were lost in a city plagued by gun violence.

In Philadelphia alone, more than 900 people have been shot since January.

The Kingsessing tragedy might have been avoided if the Pennsylvania Senate had passed red flag legislation, also referred to as extreme risk protection orders, which already passed the Pennsylvania House in May. The red flag law would allow law enforcement to temporarily seize firearms from someone deemed by a judge to be an immediate threat to themselves or others. And as news reports have since made clear, in the days leading up to the shooting, there were clear warning signs that the 40-year-old suspect could be a danger to himself or others.

The bill is not expected to pass the Pennsylvania Senate, which has a Republican majority.

Red flag laws have already passed in 21 states and Washington, D.C., including Pennsylvania’s neighbors New Jersey, Delaware, New York, and Maryland — and fellow so-called purple state Florida. These laws vary widely in terms of who can apply for an extreme risk protection order and how long the order is in effect. The most expansive versions of red flag laws allow more people to apply — including police officers, family and friends, employers, teachers, and mental health professionals — and restrictions to last for a longer period of time, usually around a year.

The Pennsylvania bill, which was proposed by Delaware County State Rep. Jennifer O’Mara, allows loved ones, family members, or law enforcement to seek an extreme risk protection order at a hearing in front of a judge. After seeing the evidence, if the judge grants the order, it can last for up to one year. The firearm owner may ask for a hearing to request termination of the order at any time during that year.

Red flag laws are designed to reduce any violent gun crime where there are warning signs in advance that a person may act out violently. This includes mass shootings, like the one in Kingsessing, as well as crimes such as intimate partner violence. According to an analysis of 173 mass casualty attacks by the U.S. Secret Service’s National Threat Assessment Center, perpetrators often make threats in advance of the crime. The report states that almost two-thirds of perpetrators in mass attacks showed warning signs either in person or online that were so concerning, “they should have been met with an immediate response.”

These threats serve as an advanced warning of violence and give those who witness the worrisome behavior a chance to alert authorities so a judge can issue the red flag.

Red flags can also be issued if a person is deemed a danger to themselves. According to the National Institute of Mental Health and the Centers for Disease Control and Prevention, the number of suicides in the United States is almost twice the number of homicides. In 2021, 48,183 Americans lost their lives to suicide, while 26,031 people died by homicide.

We believe the Kingsessing shooter exhibited enough warning signs that he could have been the subject of an extreme risk protection order. According to the New York Times, roommates of the alleged perpetrator told those investigating the crime that the suspect was “exhibiting abnormal behavior” and “getting more and more agitated” in the days leading up to the crime, including wearing his bulletproof vest around the house. The suspect also posted concerning comments on social media, such as Facebook, about being “followed by evil spirits,” as well as articles about the problem of gun violence in Philadelphia. When the suspect was arrested, he had an AR-15-style rifle, a so-called “ghost gun,” and ammunition in his possession.

The majority of Americans, both Democrats and Republicans, support red flag legislation that takes guns out of the hands of potentially violent offenders or people suffering a mental health crisis. It is time for the Pennsylvania Senate to act to reduce the number of gun-related tragedies in our state. Citizens of Pennsylvania who want commonsense gun reform, regardless of their political party affiliation, must speak up now and contact their state senators to get this legislation passed if we want to avoid another senseless tragedy.

Kathleen A. Bogle is a professor of sociology and criminal justice at La Salle University. Ceara Grady is a student in the honors program at La Salle University.