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PA HB1859
Bill
Status
9/11/2025
Primary Sponsor
Jennifer O'Mara
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AI Summary
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Establishes extreme risk protection orders (ERPOs) allowing law enforcement officers or family/household members to petition courts to temporarily prohibit a person from possessing or purchasing firearms when they present a substantial risk of suicide or causing death/serious bodily injury to others
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Requires respondents to relinquish all firearms and firearms licenses within 24 hours of being served an ERPO, with orders lasting 3 months to 1 year after a hearing where clear and convincing evidence of risk is found
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Creates criminal penalties including a second-degree misdemeanor for failing to relinquish firearms under an ERPO, a third-degree felony for petitioners who knowingly make false statements, and a second-degree misdemeanor for returning firearms to someone under an active order
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Requires Pennsylvania State Police to enter ERPOs into background check databases (PICS and FBI NICS) and provides respondents the right to appointed counsel if they cannot afford an attorney and meet income guidelines
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Directs the Office of Attorney General to develop standardized petition forms, informational brochures, and training materials, including translations for significant non-English-speaking populations, with the act taking effect 90 days after enactment
Legislative Description
In firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms and for abandonment of firearms, weapons or ammunition; in community and municipal courts, further providing for masters; adding provisions relating to extreme risk protection orders; imposing duties on the Office of Attorney General; and imposing penalties.
Last Action
Motion to reconsider final passage
9/30/2025