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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | October 7, 2014 02:20 PM |
|---|---|
| From: | Representative Madeleine Dean |
| To: | All House members |
| Subject: | Firearm Restraining Orders |
| In the near future, I plan to introduce legislation amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes by adding a subchapter authorizing the issuance of firearm restraining orders in this Commonwealth. Following in the footsteps of states that have enacted similar laws, including Texas, Connecticut, California, and Indiana, the intent of this legislation is to provide a mechanism for families and health care practitioners, including social workers and mental health professionals, to petition the court for a firearm restraining order when there is good cause to believe an individual poses an immediate threat to the safety of a family, household member, or other person by possessing or having a firearm, other weapon, or ammunition in his custody or control. Although family, friends, and health care practitioners may be the first to notice early warning signs of a person in crisis, they have little recourse when lethal weapons are involved. Firearm restraining orders would aid individuals, communities, and law enforcement in preventing suicides, homicides and mass shootings (as occurred in Connecticut, California, Colorado and other jurisdictions) and enhance public safety. The term firearm restraining order would be defined as “an order entered by the court…prohibiting a named person from having in his custody or control, purchasing, possessing or receiving any firearm, other weapon or ammunition.” Similar to a protection from abuse order authorized under Title 23 (Domestic Relations), my legislation would give certain persons, including law enforcement officers, family or household members, social workers, therapists, and health care practitioners, including mental health professionals, the authority to petition the court for a firearm restraining order enjoining the subject of the petition from having in his custody or control, purchasing, possessing or receiving a firearm, other weapon or ammunition. As provided in the legislation, a firearm restraining order would be issued for a fixed period of time—not to exceed one year. To better protect the physical safety of the citizens of this Commonwealth, please join me in co-sponsoring this important piece of legislation. |