Pennsylvania 2025-2026 Regular Session

Pennsylvania Senate Bill SB262

Introduced
2/20/25  

Caption

In actions, proceedings and other matters generally, providing for extreme risk protection orders.

Impact

The implementation of SB262 is expected to enhance public safety by providing a legal mechanism for preventing potential firearm-related incidents, particularly in cases of domestic violence or mental health crises. Law enforcement agencies will play a critical role in enforcing these orders by ensuring that individuals declared a danger are required to surrender their firearms, which may lead to a reduced risk of shootings and self-harm. The law also addresses the issue of foreign extreme risk protection orders, allowing them to be recognized and enforced in Pennsylvania, thus closing potential gaps in cross-state enforcement.

Summary

SB262 establishes a legal framework for issuing extreme risk protection orders (ERPOs) in Pennsylvania. These orders can be petitioned by family or household members and law enforcement officers to restrict an individual's access to firearms if they are deemed a significant danger to themselves or others. The bill outlines the process for filing a petition, the procedure for issuing both ex parte and final orders, and the requirements for surrendering firearms. Additionally, it mandates the establishment of a statewide registry for such orders, enhancing record-keeping and enforcement efforts across the state.

Sentiment

The sentiment surrounding SB262 appears to be largely supportive among advocates of gun control and domestic violence prevention. Proponents argue that this legislation is a necessary step toward reducing gun violence and protecting at-risk individuals. However, there are notable concerns from some gun rights advocates who fear that the bill may infringe upon Second Amendment rights and could be misused to harass individuals without just cause.

Contention

The legislation has generated a debate focused on the balance between public safety and individual rights. Critics argue that the criteria for issuing an extreme risk protection order could be too broad, potentially leading to unjust restrictions on lawful gun owners. Additionally, there are concerns about the due process afforded to individuals subject to these orders, particularly regarding the burden of proof and the temporary nature of ex parte orders that could result in significant firearm confiscation without a thorough hearing.

Companion Bills

No companion bills found.

Previously Filed As

PA SB204

In actions, proceedings and other matters generally, providing for extreme risk protection orders.

PA HB1018

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.

PA SB996

In actions, proceedings and other matters generally, providing for reporting of deaths; and imposing penalties.

PA HB1120

In intestate succession, further providing for forfeiture; in elective share of surviving spouse, further providing for right of election and resident decedent; in wills, further providing for modification by circumstances; in estates, further providing for modification by divorce or pending divorce and for effect of divorce or pending divorce on designation of beneficiaries; in preliminary provisions, further providing for legislative findings and intent, for definitions and for premarital agreements; in dissolution of marital status, further providing for grounds for divorce, repealing provisions relating to counseling, further providing for grounds for annulment of voidable marriages, repealing provisions relating to defenses, to action where defendant suffering from mental disorder and to general appearance and collusion, providing for general order of divorce proceedings, repealing provisions relating to jury trial, further providing for decree of court and repealing provisions relating to limitations on attacks upon decrees and to opening or vacating decrees; in alimony and support, further providing for bar to alimony; and, in mediation, further providing for mediation programs.

PA HB1982

In protection from abuse, further providing for relief.

PA HB2303

In preliminary provisions relating to divorce, further providing for legislative findings and intent, for definitions, for bases of jurisdiction, for effect of agreement between parties and for premarital agreements; in dissolution of marital status, further providing for grounds for divorce, repealing provisions relating to counseling, further providing for grounds for annulment of voidable marriages, repealing provisions relating to defenses, to action where defendant suffering from mental disorder and to general appearance and collusion, further providing for hearing by master, providing for general order of divorce proceedings, repealing provisions relating to jury trial, further providing for decree of court and repealing provisions relating to opening or vacating decrees; in property rights, further providing for definitions and for disposition of property to defeat obligations; in alimony and support, further providing for alimony and repealing provisions relating to bar to alimony; and repealing provisions relating to mediation.

PA SB1306

In protection from abuse, further providing for commencement of proceedings.

PA HB350

In proceedings prior to petition to adopt, further providing for hearing, for alternative procedure for relinquishment and for hearing; in support matters generally, further providing for paternity and for continuing jurisdiction over support orders; in general provisions relating to children and minors, repealing provisions relating to acknowledgment and claim of paternity; in jurisdiction, further providing for bases for jurisdiction over nonresident; enacting the Uniform Parentage Act; and providing for parent-child relationship for certain individuals, for voluntary acknowledgment of parentage, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors.

PA SB1105

In protection from abuse, further providing for relief, for emergency relief by minor judiciary and for arrest for violation of order.

PA HB1210

In protection from abuse, further providing for relief, for emergency relief by minor judiciary and for arrest for violation of order.

Similar Bills

PA SB204

In actions, proceedings and other matters generally, providing for extreme risk protection orders.

PA HB1018

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.

PA SB506

In incapacitated persons, further providing for petition and hearing and independent evaluation, for determination of incapacity and appointment of guardian and for review hearing.

PA HB1397

In incapacitated persons, further providing for petition and hearing and independent evaluation and for determination of incapacity and appointment of guardian.

AK HB89

Gun Violence Protective Orders

AK HB162

Gun Violence Protective Orders

AK SB229

Gun Violence Protective Orders

AK SB49

Workplace Violence Protective Orders