Dowling Speaks Out on Opioid Epidemic, State of Emergency’s Effect on Gun Rights
1/12/2018

Uniontown --- State Representative Matthew Dowling (R, PA-51) held a press conference in response to Gov. Tom Wolf’s declaration of a disaster emergency over the opioid crisis in Pennsylvania. The press conference was held today, Friday, January 12, at 5:30 p.m., at Rep. Dowling’s district office located at 65 West Main Street, Uniontown, Pa.

“While I agree it is a great idea to improve policy and ensure taxpayer dollars are spent accordingly, and am glad the governor has finally decided to take up this issue, he has skirted the role of the General Assembly. That is counter-productive and could lead to unintended consequences,” Dowling said.

A declaration of emergency, as defined by Title 18 of the PA Crimes Code, limits, among other things, the second amendment rights of law abiding citizens. For example, during an emergency, “no person shall carry a firearm upon the public streets or upon any public property…” with the exemption of those licensed to carry a firearm under section 6109, exempt from licensing under section 6106(b), or “actively engaged in defense of that person’s life or property from peril or threat.” Dowling stated an argument could be made that this declaration of emergency would limit commonwealth residents right to open carry.

Dowling has been working to draft two pieces of legislation to address the issue. He initiated a co-sponsor memo, just this morning, that was circulated to all members of the House of Representative.

“Our second amendment rights are part of the very fabric of our nation and should not be infringed upon,” he said.

For the press conference, Dowling was joined by Representative Rick Saccone (R, PA-39) and Representative Justin Walsh (R, PA-58). Both representatives are co-sponsors of Rep. Dowling’s request to present this legislation.

“The opioid crisis is important to all of us and I’m happy to see that the governor is trying to take action on it,” said Saccone. “The danger, as Representative Dowling said, and the unintended consequences of this action is that we’ve effectively lost our open-carry rights, for something that has nothing to do with the second amendment. The opioid crisis, furthermore, could become indefinite and the governor could decide to make this a state of emergency indefinitely, effectively nullifying our open-carry right in the state of Pennsylvania.”

While working on this legislation, Dowling gained the support of local gun right advocacy organizations, including Fire Arm Owners Against Crime (FOAC).

“The impact of the Governor’s announcement cannot be overstated. Current law affects the rights of all Pennsylvanians to defend themselves and possess firearms,” said Kim Stolfer, FOAC president. “While there are minor exceptions in the law, these are not sufficient to protect all Pennsylvanians rights.  We, myself, and the membership of Firearm Owners Against Crime, highly commend Representative Dowling for being willing to make these long overdue corrections to Title 18, section 6107. All Pennsylvanians have a stake in this issue and government should not be in the business of disarming citizens.”

The governor declared the state of emergency on Wednesday, January 10, in order for the state's opioid addiction epidemic to be treated like a natural disaster.

“The opioid and drug epidemic continues to be one the largest issues facing our commonwealth. I, along with my fellow members from the House Republican Caucus worked diligently over the past twelve months to adopt new laws all related to combating opioid addiction and applying preventative measures,” Dowling said. “The governor has never spoken to the General Assembly about the need for legislation to grant the secretary of the Department of Health the authority to declare a public health emergency. Though, again, I commend his efforts.”

Representative Matthew Dowling
51st Legislative District
Pennsylvania House of Representatives