Pennsylvania Senate Democrats indicated Monday that they believe there would be sufficient votes to pass two pieces of firearms legislation that cleared the House last month – if the bills are brought up in the Senate by Republican leadership.
The two bills are part of a group of four identified by Democrats and gun safety groups as policy priorities, with House Democratic leadership pointing to “progress” on two other measures that have yet to clear the House.
“We know for a fact that if these measures get to the floor – just these two – they will pass overwhelmingly,” Senate Minority Leader Jay Costa, D-Allegheny, said at a press conference Monday.
One of the bills that cleared the House two weeks ago would require background checks for all gun sales – including the sale of long guns between parties who are not licensed dealers, where background checks are currently not mandated.
The second bill would establish “extreme risk protection orders” or ERPOs, often called “red flag” laws, which allow judges to order the temporary confiscation of a person’s firearms if they are found to be a danger to themselves or others.
Democratic senators on Monday portrayed firearms regulation as the final piece of the solution to gun violence, after the state has already sought to address issues with school safety, law enforcement funding, and other items.
“We need this one last piece to change the lives and the reality of people in Pennsylvania,” said Sen. Vincent Hughes, D-Philadelphia.
The background check and ERPO bills received nine and two Republican votes, respectively, in a House where Democrats hold a one-vote majority.
The Senate is GOP-controlled with a 28-22 divide, and Lt. Gov Austin Davis – a Democrat who also spoke in favor of the bills Monday – as a tie breaker.
“We get three more votes, we can make this a reality, but first the bills have to be brought up,” said Sen. Steve Santarsiero, Bucks County, the ranking Democrat on the Senate Judiciary Committee, where the bills were referred.
As many Democrats and advocates have pointed out over the past several weeks, universal background checks and ERPO laws poll well, even among gun owners – with Democrats questioning why Republicans are keeping bills bottled up even though they stand to have a political consensus.
“What are they afraid of in the State Senate?” Santarsiero asked. “Bring the bills up, we demand a vote.”
Republican leadership has not made any commitments, with Senate Judiciary Chair Lisa Baker, R-Luzerne, saying in an email that “these measures will be evaluated and discussed within the committee in the same manner as other bills.”
“It is premature to speculate as to the prospects for consideration,” Baker continued. “But, as I have frequently said in the past, and will consistently focus on in the future, what I am looking for in potentially considering any gun-related bills is enforceability and ensuring due process in accordance with constitutional protections.”
The other two bills in the set run by House Democrats last month are a safe storage law that would require firearms to be kept locked, as well as a bill requiring gun owners to report lost or stolen firearms within 72 hours of discovering them missing.
The latter failed on the House floor by a single vote, but a motion to reconsider has been filed; the former has not yet been brought up for a vote.
Asked Monday evening what was happening with the bills, Democratic Majority Leader Matt Bradford, D-Montgomery, replied “progress.”
“I believe there will be a right time” for the bills to come to the floor, Bradford said, but declined to elaborate about any negotiations to attract support from Republicans or from Rep. Frank Burns, D-Cambria, the sole Democrat to have voted against the gun measures last month.
“We’ve shown that bipartisan gun safety legislation has passed, which is a historic step forward,” Bradford said. “We obviously have a humble majority of 102, so we recognize it’s not without challenges, but we’ve shown it’s possible.”
The two bills that are now in the Senate – as well as the two that are outstanding in the House – were described as “common sense” solutions. Democratic senators pointed to high rates of gun suicide, particularly in rural areas of Pennsylvania, which some studies indicate can be mitigated with ERPO laws. Also referenced was the ongoing threat of mass shootings, where some shooters have obtained guns through sales that are exempt from background checks.
A rally against gun legislation that had been advertised for Monday afternoon was ultimately called off after only about 15 people showed up.
Organizer and Libertarian political candidate Tim McMaster said he was “concerned that the Senate is going to lose their spine” and entertain the two House bills, arguing that constitutionally enshrined gun rights “are not subject to a vote or the stroke of a pen.”
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