5 gun control bills advance in Pa. House with GOP, Dems fully divided on each proposal

Jan. 17—HARRISBURG — Pennsylvania House Democrats on Wednesday advanced five measures regulating firearms toward a potential floor vote including a proposed ban on the sale of assault weapons.

The vote split on each proposal by members of the House Judiciary Committee was 14-11 with all Democrats in favor and all Republicans opposed. Should the measures be successfully voted out of the House behind Democrats' one-seat majority in the full chamber, the initiatives would advance to the state Senate which is in the control of Republicans.

Democrats sought to rally support for the bills on the basis of curbing gun violence and protecting communities from homicide and suicide. Republicans countered that the measures violate constitutional rights, would only impact law-abiding citizens and that current laws should be enforced and criminals prosecuted to curb crime.

Separate proposals from Rep. Benjamin Sanchez, D-Montgomery, would ban multi-burst trigger activators including bump stocks along with assault weapons, a catchall group of firearms broadly defined within the bill including a semiautomatic rifle fitted with a folding or telescopic stock, large capacity magazine, flash suppressor or pistol grip clearly protruding beneath the weapon, for example.

The proposed ban on assault weapons would apply only to new sales and exceptions are included for military and law enforcement. The trigger-related ban, however, is retroactive and "confiscatory."

"Let's be clear, this legislation infringes upon our Second Amendment liberties," said Rep. Joe Hamm, R-Lycoming/Sullivan, before pointing to Ukraine and Israel as evidence that citizens should be free to arm themselves to protect their families and properties. "The regulation proposed by this legislation would primarily affect law-abiding citizens while criminals will continue to obtain firearms illegally."

"I think we need to acknowledge that no constitutional right is absolute," said Rep. Emily Kinkead, D-Allegheny. "The government absolutely, based on a long history of Supreme Court precedent, has the ability to reasonably restrict any right in order to protect public safety. The reality is that possession of a machine gun by a private citizen does nothing to protect our communities or national security. We have the largest standing military in the world. We don't need to have the same kind of access as the citizens of the Ukraine."

Rep. Malcolm Kenyatta, D-Philadelphia, challenged repeated allusions and direct references by Republicans to crime in Pennsylvania's largest city, noting the crime rate is falling. He also chastised remarks by Rep. Robert Leadbeter, R-Columbia, who said the reported count of illegal aliens who entered the country in an 18-month period ending in June nears the size of the U.S. military, using the data to say gun ownership is justified and prudent.

According to the Philadelphia Police Department, the 410 homicides reported in 2023 are far lower than the prior three years: 514, 562 and 499, respectively. Last year's figure, however, tops all annual counts — substantially so in some cases — from at least 2007 through 2019, according to data on the department's website.

A bill from Rep. Morgan Cephas, D-Philadelphia, and Kenyatta proposes a ban on the production, sale and purchase of untraceable parts for at-home assemblage of firearms, or "ghost guns."

A separate bill from Rep. Melissa Shusterman, D-Chester, would classify 3D-printed guns within state law the same as standard firearms and all the accompanying requirements.

Leadbetter challenged the need for the latter bill, saying existing federal laws already govern firearms produced by 3D printing. As to the former, he defended homemade production of firearms as a right and as a hobby, saying lawful production would include a serialized part, the stripped lower receiver, and would require a background check for a sale.

A fifth proposal advanced by the committee is from Rep. Greg Scott, D-Montgomery. His bill proposes to narrow the window on the timely reporting of records used by the Pennsylvania State Police in background checks for gun purchases. The bill would drop the time period from seven days to four days. An amendment added a requirement to develop methods for the electronic transfer of such records.

Two other measures weren't considered during the hearing — one preventing certain felons from possessing firearms and another creating a gun violence task force in all counties exceeding a certain threshold of gun deaths.