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House Co-Sponsorship Memoranda
House of Representatives
Session of 2023 - 2024
Regular Session
MEMORANDUM
| Posted: | May 15, 2023 12:04 PM |
|---|---|
| From: | Representative Jason Ortitay |
| To: | All House members |
| Subject: | Co-Sponsorship: ORTITAY - Fixing a Loophole in Pennsylvania's Gun Background Check System |
| In the near future, I intend to introduce legislation to improve Pennsylvania’s transmission of records relating to an individual’s right to possess or own a firearm, including PFA orders, to the National Instant Check System (NICS). While any individual subject to an active PFA order will be prohibited from owning or possessing a firearm, the existence of the PFA will not necessarily be transmitted to NICS. In some instances, our courts will issue a PFA order in emergency situations without knowing much more than the name of the offender. If a PFA order does not contain basic identifying information, such as the defendant’s date of birth or social security number, the fact that an active PFA exists against that individual cannot be entered into NICS. My legislation will rectify this issue by requiring the Pennsylvania State Police (PSP) to compare the information contained within a PFA order to certain databases that are accessible to PSP. Based on a review of these databases, if PSP can determine, with reasonable certainty, a date of birth for the subject of a PFA order, this information shall be used to supplement the PFA order that is reported to NICS. Significantly, at the same time this information is reported to NICS, the subject of the PFA order will be notified in writing by PSP. By improving these reporting requirements, we can better protect the citizens of this country, not just those residing in Pennsylvania. Please consider joining me in cosponsoring this important piece of legislation. |