Delaware County Lawmakers Call To Remove Guns from 'Dangerous' Individuals

MEDIA, Pa. (WPVI) -- On Friday Delaware County officials called on Pennsylvania lawmakers for the passage of an Extreme Risk Protection Order Legislation.

They want to get guns out of the hands of individuals who have been identified as dangerous to have them.

The call for the legislation comes after police alleged Devon man Brian Kennedy shot and killed his ex-wife, Stephanie Miller.

They say he was armed with an AR-15 style rifle that's now a part of the evidence.

Lawmakers say he should have never had that gun.

"It literally is a life-saving policy that can help protect our communities from mass shootings, firearm suicides and other acts of gun violence," Delaware County DA Katayoun Copeland said.

She said what they're calling for is a new Extreme Risk Protection Order Legislation.

The law will give courts the power to take guns from people deemed too dangerous for them.

"It allows family members of a household or loved ones or law enforcement to request a court order to temporarily restrict an individuals access to firearms," Copeland said.

Officials detailed the moments when they say Brian Kennedy shot and killed his ex-wife, 37-year-old Stephanie Miller as reported by Jeff Chirico during Action News at 11 on March 29, 2019.

But, as you can imagine, there are mixed opinions.

Some say it's common sense.

"I don't think anyone who has a restraining order against them should have a gun," said Dennis Dolan of Media.

But others argue, despite potential red flags, it's government overreach.

"In the constitution, you have the right to bear arms, so what gives the judge the authority to take that away from you," said Murrough Colhoun of Media.

We also spoke with a law firm, via Skype, called McShane Law based out of Harrisburg.

The last thing they want are more laws and will fight any new potential ones.

"If you were a threat to harm yourself or a threat to somebody else, then they can take you to an ER, have you evaluated by a doctor and all it requires is the doctors signature on that," a spokesperson for McShane Law said.

In the case of Brian Kennedy, he previously had a protection from abuse order placed against him.

That does allow for his guns to be taken.

But the law isn't always enforced.