For the first time in more than a decade, the Pennsylvania House of Representatives has passed several bills aimed at taking guns out of the hands of potentially dangerous people. But now the three measures are deadlocked, with the Republican-led Senate almost certain to abandon action on them before the current legislative session ends on Nov. 30.

That’s because, supporters of the bills say, Republican leadership hasn’t shown interest in the legislation, despite it a recent survey that found that at least 80 percent of Pennsylvanians support federal proposals to implement red flag laws and require background checks for all gun purchases, actions that are included in the measures. Because of the gridlock, the bills likely won’t become law; their home sponsors will have to start over in January.

(This story originally appeared in The Trace, a nonprofit newsroom covering gun violence in America. Sign up here for his newsletters.)

During the last two weeks of October, The Trace repeatedly requested interviews with Senate Republican leaders Kim Ward, Senate President Pro Tempore and Majority Leader Joe Pittman. Neither one answered.

They “could decide to move bills tomorrow and help Pennsylvanians stop this crisis,” said Adam Garber, executive director of CeaseFirePA, a statewide gun violence organization. “I wouldn’t bet on that happening. But every day they wait, we lose people.”

The state legislature last approved a gun safety bill 2018. It allowed judges to remove guns from those convicted of domestic violence or subject to permanent protection from abuse orders. Before that law passed, no gun safety bill had become law in more than a decade, according to gun safety advocates.

Democrats took control of the House in 2022 by a one-vote majority, 102 to 101. In the Senate, Republicans hold a 28-22 majority.

“We’re just one catastrophe away from senators changing their minds, and they’d be much better off doing it before we lose more Pennsylvanians than after.” — Adam Garber of CeaseFire PA

State Rep. Perry Warren, the sponsor of the background check bill, said he was disappointed that the gun legislation was stalled — but said the upcoming election, where four Senate seats are considered competitive, could change things.

“Is it a wall or is it a door that is currently closed?” asked the opposition to the bills. “There are negotiations going on, and hopefully it would be great if the Democrats could get the three seats even for the Senate, and Lt. Gov. (Democrat) Austin Davis would have the tie-breaking vote.”

The pushback on gun safety laws comes amid a downward trend in homicides statewide, following a record peak during the Covid-19 pandemic — but even with that drop, guns kill about 1,800 Pennsylvanians annually . In recent years, suicides have increased from 1,694 in 2020 to 1,955 in 2022, according to the Centers for Disease Control and Prevention.

Three “common sense” bills.

The bills that narrowly passed the House were sponsored by Democrats and include reforms that a growing number of states are implementing to crack down on gun violence.

One measure calls for expanding background checks for firearms purchases. The second, a red flag invoicecalls for allowing courts to issue extreme risk protection orders in cases involving gun owners who are determined to be a risk to themselves or others. The the third bill would require felony charges on anyone selling or buying a phantom gun – that is, a firearm or firearm parts that do not have serial numbers.

“We made history this session by advancing several common-sense gun safety measures that have gained bipartisan support and, more importantly, are widely supported by the people we represent in Pennsylvania,” said House Speaker Joanna McClinton , Democrat from Philadelphia. “Unfortunately, like many other priorities of the people of the state, Senate Republican leaders have responded with inaction, choosing to do nothing on the issue of gun safety.”

The background check invoicesponsored by Rep. Perry Warren, passed 109 to 92; the Extreme Risk Protection Orders bill, sponsored by Rep. Jennifer O’Mara, passed 102 to 99, while the phantom gun bill, sponsored by Reps. Morgan Cephas and Malcolm Kenyatta, passed 104 at 97. Perry and O’Mara represent suburban Philadelphia districts, while Cephas and Kenyatta represent Philadelphia districts.

A triple shooting and its aftermath

The ghost gun bill was passed in March, two weeks after a man in suburban Philadelphia in Bucks County, used a home-built firearm to kill three relatives in two separate homes. Bucks County District Attorney Jennifer Schorn plans to seek the death penalty against the shooter, who is about to turn 27. She charged him with first-degree murder in the deaths of his stepmother, Karen Gordon, 52; his sister, Kera Gordon, 13; and Taylor Daniel, 25, the mother of his two children.

Schorn said he supports the ghost gun bill, especially after the tragedy. “If additional legislation is passed that makes guns used in crimes more identifiable, we will use that information to investigate and prosecute those crimes to the fullest extent,” she said.

Garber, of CeaseFirePA, said the triple shooting helped the measure win passage and should serve as a wake-up call to opposing lawmakers.

“We’re just one catastrophe away from senators changing their minds, and they’d be much better off doing it before we lose more Pennsylvanians than after,” Garber said.

“The highest percentage of gun deaths are actually suicides, not homicides. These rates are higher in Pennsylvania, in rural counties, and among middle-aged white men.” — Representative Jennifer O’Mara

After the shooting, three Republican representatives — one from Philadelphia and two from Bucks County — signaled their support and voted for the bill, he said, which helped secure its passage in the House.

While the ghost gun proposal stalled in the state Senate with the other two bills, Philadelphia won a decisive victory in its battle against the devices in April after the settlement of his suit against Polymer80one of the leading manufacturers of ghost weapons in the country.

A red flag law for Pennsylvania?

O’Mara said her father’s 2003 gun suicide inspired her to sponsor extreme risk order invoice. The bill, she said in an interview, would save lives lost to suicide and homicide.

“The highest percentage of gun deaths are actually suicides, not homicides. These rates are higher in Pennsylvania, in rural counties and among middle-aged white men,” she said. “My colleagues in rural Pennsylvania now have to face the fact that their own constituents are killing themselves at a higher rate.”

Under the bill, a relative or law enforcement officer can apply for an extreme risk protection order after proving someone is a danger to themselves or others. A judge could issue an order for three to six months, when the gun owner would lose access to their gun.

O’Mara is frustrated that the Senate never held a hearing on her bill, but plans to reintroduce it in early 2025 — and sees the House vote as a step in the right direction.

Closing the gun show loophole

Warren’s background check bill would close a loophole in state law that allows people to buy long guns at private sales and gun shows without undergoing a background check.

“Assault rifles and automatic pistols are long weapons and therefore are not subject to the background check provision,” he said. “My bill would close this exception and ensure that background checks are required for all gun purchases.”

Meanwhile, Garber and other gun safety advocates are asking senators to reconsider the legislation in the new year. “This is a matter of political will,” Garber said. “They’re going to have to decide whether they’re going to show up to protect the children or to protect the gun industry.”

O’Mara said she feels hopeful. “We now have a proven track record of where your state representative stands on this policy.”

Mensah Dean is a writer at The Trace. Previously, he was a contributing editor on the Justice & Injustice team at The Philadelphia Inquirer, where he focused on gun violence, corruption and wrongdoing in the public and private sectors for five years. Mensah also covered criminal courts, public schools and city government for the Philadelphia Daily News, the Inquirer’s sister publication.

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