Democrats in control of the Pennsylvania House of Representatives were successful in passing a bill requiring background checks on the vast majority of firearm transfers on Tuesday, but opposition within their own ranks scuttled two other gun control measures.
Anti-gun lawmakers had introduced a package of four bills; "universal" background checks, a ban on so-called ghost guns, creating a "red flag" law, and one that the Center Square describes as "banning equipment to convert guns into machine guns with 'switch' devices". That last bill was approved on second reading, but still needs one more vote before it can be sent to the state Senate.
Democrat Rep. Frank Burns cast votes opposing all of the bills, which led to the defeat of the "ghost gun" ban and "red flag" law. He actually had a few other Democrat colleagues join him in opposition to the background check bill, but several Republicans backed the measure and secured passage.
Lawmakers voted 104-99 to pass House Bill 1593 from Democratic state Rep. Perry Warren of Bucks County that would remove an existing background check exemption for long guns from state law and effectively require background checks for all gun purchases. Three Democrats – state Reps. Frank Burns, Anita Kulik and Jim Haddock – all opposed the bill, while GOP Reps. Kristin Marcell, Joe Hogan, K.C. Tomlinson, Martina White and Craig Williams voted for the background check legislation. However, Democrats faced headwinds on two other bills that they advanced out of the House Judiciary Committee last week.
House Bill 1859, legislation from state Rep. Jennifer O’Mara of Delaware County, seeks to create a mechanism for Extreme Risk Protection Orders in Pennsylvania that would allow courts to issue orders that temporarily prohibit a person from possessing or buying a gun if that person is determined to be a threat to themselves or others.
All 101 Republicans in the state House voted against the bill. Joining them was Burns, a conservative, pro-gun Democrat who helped defeat the bill, which ultimately failed to pass with a vote of 101-102.
House Bill 1099, legislation from Philadelphia state Rep. Morgan Cephas, suffered a similar fate. The legislation seeks to address so-called “ghost guns” that can be self-assembled using plastics and 3D-printed materials. The bill would make it illegal to “manufacture, import, sell, ship, deliver, possess, transfer or receive a firearm constructed entirely of a nonmetal substance, or a firearm that does not include at least one major component of a firearm constructed entirely of a metal substance.”
The "red flag" proposal would have allowed law enforcement and family members to petition a court to have firearms removed from anyone who was deemed by a judge to pose a danger to themselves and others. Like the vast majority of "red flag" statutes, the bill contained a provision allowing for guns to be taken without the subject of an Extreme Risk Protection Order petition ever having a chance to rebut the claims of petitioners. The only positive aspect of the legislation was the fact that it did include access to a public defender if the subject of a petition couldn't afford an attorney; a provision that is absent in almost every "red flag" law in the nation.
That made a bad bill slightly better, but it still wasn't worth supporting. If someone poses a legitimate danger to themselves or others, taking away any legally owned firearms doesn't end the danger. HB 1859 had no real mental health component to it, either on the front or back end of the petition process. Courts could order a mental health evaluation as part of the process, but one wasn't required, and if a petition was granted no mental health services were offered to the supposedly dangerous individual.
Speaking in opposition to the gun control package, House Minority Leader Jesse Topper reminded his fellow lawmakers that “throughout the country, even here in Pennsylvania, additional firearms control measures have not resulted in those who are most dangerous having less access to guns," adding "In my view, the only thing that these restrictions have led to is an infringement on the constitutional rights of Americans who own and use guns legally.”
Topper's right, and it's a shame that five of his Republican colleagues were willing to go along with the bill expanding background check requirements to include private party transfers of long guns.
The universal background check bill now heads to the state Senate, where Republicans have a four-seat majority. That should be enough to block passage of the legislation, but as we saw in the House there could be some GOP senators squishy enough on Second Amendment issues to vote in favor of the bill if it gets to the Senate floor.
Gun owners can't take anything for granted, and they should be in contact with their lawmakers in both the Senate and the House. We should thank those representatives who stood up for our Second Amendment rights, but we should also demand accountability from those legislators who voted to restrict our rights under the guise of public safety.
Editor’s Note: While most Republicans across the country are doing everything they can to protect our Second Amendment rights and right to self-defense, we need to stand guard against those who will side with the gun control lobby.
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