Pa. House passes 2 gun reform bills, 1 proposal defeated

May 23—HARRISBURG — Two gun reform measures narrowly passed through the Pennsylvania House on Monday and a third was defeated when a Democratic member voted with Republicans in counter of his party's one-seat voting majority.

Floor debate on the proposed gun reforms was often emotional and, at times, fiery as legislative decorum was breached a few different times. Beyond partisan rhetoric, Republicans challenged the constitutionality of the proposals and cited U.S. Supreme Court rulings in making their case. Democrats defended the measures as both constitutional and commonsense, saying the continued climate of gun violence demands action.

The two bills that were successful — extreme risk protections orders and universal background checks — now move to the Republican-controlled Senate and will face renewed scrutiny with either unlikely to advance to the governor's office and signed into law.

House Bill 1018 was the initial bill considered. It's a "red flag law" that proposes enacting extreme risk protection orders — court orders for the temporary surrender of firearms by persons deemed to pose significant risk of suicide or physical harm including the risk of death of another person.

The bill passed by a 102-99 margin. Republican representatives Joe Hogan and Kathleen Tomlinson, both of Bucks County, voted in favor. Democratic Rep. Frank Burns of Cambria County voted in opposition, the same vote he cast on all three proposals.

The bill's sponsor, Rep. Jennifer O'Mara, D-Delaware, made an emotional pitch and recounted her personal experience. Her father, a Philadelphia firefighter, killed himself with a gun when she was 13 years old. She said she believes if extreme risk protection orders were in place in 2003 when his death occurred, that he'd have found the help he needed.

"This bill is not about whether or not you respect the Second Amendment. I respect the Second Amendment. I have a concealed carry permit. I have firearms in my house that are safely stored. This is about making sure we're doing everything to protect the right to life, liberty and the pursuit of happiness in Pennsylvania and the United States of America," O'Mara said.

State Rep. David Rowe, R-Union/Snyder/Mifflin/Juniata, argued that since one of the qualifying factors for an extreme risk protection order is simply the purchase or attempted purchase of a firearm, all gun owners are potentially subject to an extreme risk order.

Rowe sought to emphasize that the bill would put the burden of proof on people subject to confiscation rather than on the judicial system.

"This is an aberration of our judicial system that we should be very concerned about," he said.

Rep. Aaron Bernstine, R-Lawrence/Butler, twice challenged the bill's constitutionality under both the U.S. and Pennsylvania constitutions, ultimately failing on predictably slim voting margins. Rep. Abby Major, R-Armstrong/Westmoreland, simply read from the state constitution itself: "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned."

Rep. Chris Pielli, D-Chester, who spoke after Rep. Stephanie Borowicz, R-Union/Clinton, likened the bill to gun-grabbing by Democrats, said he owns guns, has a license to carry, is a military veteran who battled depression and works with others struggling with mental health.

"I'm not interested in permanently depriving you of your firearms. I, too, took an oath to support, obey and defend the Constitution of the United States against all enemies foreign and domestic. I'm here to tell you that this will not permanently deprive you of your weapons, but this will save veterans," Pielli said. "Even if we save some lives, isn't it worth it?"

House Bill 338 proposed to create a requirement that gun owners report lost or stolen firearms within 72 hours of discovery. The bill failed 101-100. Burns' vote in opposition, the only vote on the bill to break party ranks, swung the bill's fate.

Its primary sponsor, Rep. Benjamin Sanchez, D-Montgomery, said responsible gun owners should have no problem abiding by the measure. He said about 4 in 10 guns that are lost or stolen are never reported, ultimately adding to illegal gun trafficking.

Rep. Malcolm Kenyatta, D-Philadelphia, said he was tired of memorial vigils, balloon releases and the like standing out as the only action against gun violence, and told a personal story of a district staffer's godson who was shot repeatedly.

"We are listening and we are going to do something about it," Kenyatta said.

Rep. Tim Bonner, R-Mercer/Butler, spoke of the Second Amendment's importance to the country's founding fathers and that gun ownership isn't necessary only in times of militia, but in times of individual protection. He said the majority Supreme Court opinion in New York State Rifle & Pistol Association v. Bruen would invalidate the bill if it ever became law, and he was critical of House members seeking to legislate in line with their personal opinions rather than constitutional law.

House Bill 714 seeks to enact universal background checks, expanding existing provisions to cover firearms of any barrel length. The proposed amendment to current law would apply to licensed dealers and private sales but would continue to exclude purchases and transfers among spouses, parents and children and grandparents and grandchildren.

It passed by a comparatively comfortable margin of 109-92. Nine Republicans joined all but one Democrat, the aforementioned Burns, in supporting the measure.

Minority Leader Bryan Cutler, R-Lancaster, raised concern for members of plain religious sects who would be forced to violate religious principles concerning photography should long guns ultimately be subject to background checks and the photo ID requirement.

There is no provision in the bill, unlike the voter ID measure opposed by Democrats, Cutler said, to make exemptions along religious grounds.

One proposal that was on the calendar but not brought to vote was House Bill 731. The bill would amend existing law to require that gun dealers provide a locking device to complete all firearm purchases and transfers. Locking devices and locked storage wouldn't be required when a gun is carried or is immediately near its owner.