Giffords Gun Safety Experts Testify at Pennsylvania House Judiciary Committee Hearing in Support of a Bill to Help Remove Guns from Dangerous Situations

May 22, 2019 — Today, gun safety experts with Giffords, the gun safety organization founded by former Congresswoman Gabrielle Giffords and Captain Mark Kelly, testified at a Pennsylvania House Judiciary Committee hearing in support of H 2227, a bill that would establish a process for obtaining an Extreme Risk Protective Order (ERPO) that temporarily prohibits an individual who is a danger to themselves or others from possessing a firearm. The legislation was introduced by State Representative Todd Stephens (R-151).

Giffords gun safety experts Lindsay Nichols and David Chipman also joined Rep. Stephens, local law enforcement, and state advocates at a press conference in support of the legislation.

“Extreme Risk Protection Orders are a critical step toward building safer communities,” said Lindsay Nichols, Federal Policy Director, Giffords Law Center. “This legislation will provide family members and law enforcement officers a critical tool to help prevent individuals experiencing a crisis from using a firearm to harm themselves or others. Pennsylvania has the opportunity to join a diverse group of states like Oregon, Vermont, Maryland, and Florida who have passed these life-saving bills. We thank Rep. Todd Stephens for demonstrating the courage to take action to reduce gun violence by sponsoring this legislation and urge the Pennsylvania House to pass this bill and protect Pennsylvanians.”

“The daily toll of gun violence coupled with heartbreaking mass shootings like those in Parkland and Santa Fe make it clear we need to do more to keep guns out of the hands of dangerous people,” said David Chipman, Senior Policy Advisor at Giffords. “It’s time we give law enforcement and families the tools they need to make sure that someone who is experiencing a crisis can’t get their hands on a firearm. This legislation would go a long way toward keeping Pennsylvanian communities and those serving them safer.”

In Connecticut,  research  has shown that a similar law saves one life for every 10-20 risk warrants issued. Pennsylvania joins other states that have introduced these types of bills backed by Giffords. New Jersey, New York, Massachusetts, and Delaware are among the states currently considering ERPO-style bills.

About the Extreme Risk Protective Order

The Extreme Risk Protective Order (ERPO) is a civil court order issued by a judge upon consideration of evidence provided by a family member or law enforcement officer that temporarily prohibits a person in crisis from possessing or purchasing firearms or ammunition. A common thread in many shootings is that family members of the shooters had noticed their loved ones engaging in dangerous behaviors and were concerned about their risk of harming themselves or others – even before any violence occurred.

• An ERPO creates a mechanism for families and law enforcement to temporarily prevent access to guns by individuals who pose an elevated risk of endangering themselves or others. This law can save lives while ensuring critical legal protections for respondents, just as it has in states that have already taken this responsible step.
• The ERPO is based on the long-standing domestic violence protection orders (in place in all 50 states) and involves both a court hearing and clearly defined due process protections. Qualifying petitioners would be able to petition the civil court in their jurisdiction for an ERPO based on evidence they present through a written application and at a hearing before a judge.
• The ERPO gives individuals an opportunity to present evidence to show they are not a danger to themselves or others. If a court issues an ERPO, respondents would still be able to petition once for termination of the order and be eligible to have their firearms and ammunition returned upon expiration of the order.
• States with ERPO laws have seen positive results and are saving lives. California enacted this life-saving law in 2014, and Washington voters overwhelmingly passed it in November 2016. Connecticut and Indiana have similar versions that allow law enforcement officers to intervene when people are in crisis and have easy access to guns. In the first 14 years of the implementation of Connecticut’s law, it is  estimated that between 38-76 lives were saved  as a result of risk-warrants. In addition,  nearly one-third of respondents  received critical mental health and substance abuse treatment as a result of the intervention.
• The ERPO is a particularly important tool to help prevent suicides. Those in a suicidal crisis are much more likely to survive if they do not have easy access to firearms for the duration of the crisis.  Research  shows that people are more likely to die by suicide if they have easy access to firearms.  Eighty-five percent  of suicide attempts involving firearms are fatal.  Nine out of 10 people  who survive a suicide attempt do not die by suicide at a later date. These facts demonstrate that the ERPO, which can prevent suicidal individuals from accessing guns during a crisis, will likely save lives.

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