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ERPO legislation

Rep. Jennifer M. O'Mara    October 2, 2025 | 12:32 PM

Rep. Jennifer O’Mara

ERPO legislation, HB 1859


 

  • Thank you, Madam Speaker, and thank you to the Majority Leader for considering House Bill 1859, which would establish Extreme Risk Protection Orders in Pennsylvania.
     
  • I was not expecting to be back with you so soon after welcoming my second child, a little boy named William Joseph. He is nine weeks old today and currently at home with my mom as my husband recovers from surgery. It was not easy to be here today while on maternity leave, but it was so important for my family to do everything we can to address gun violence.

  • My son carries the name of my late father, Joseph O’Mara—the reason that I am here today.
     
  • As many of you know, when I was 13 years old, I lost my father to gun suicide. My dad was a Philadelphia firefighter and U.S. Marine.
     
  • Like many veterans and first responders, he struggled with his mental health. He ultimately lost his vicious battle with undiagnosed mental health issues and died by gun suicide in 2003.
     
  • My family knew something was wrong and that firearms were in the house, but we couldn't do anything to help my dad. This is because under our current state law, the only intervention available is a 302 involuntary commitment.
     
  • Sadly, in our state, my story is far from unique. We lose nearly 2000 Pennsylvanians to suicide a year, and guns are the most used method, accounting for 55% of suicides. Gun suicide deaths are rising rapidly in our state. In fact, a recent study showed that 1 in 4 rural Pennsylvanians have been impacted by gun suicide.
     
  • We are not trying to reinvent the wheel. ERPOs have passed in 21 other states and have proven to be effective at both reducing gun suicide deaths and preventing mass shootings. NIH reported that for cases with documented suicidality, one suicide is prevented in approximately every 13-18 ERPOS issued.
     
  • The process that my bill outlines ensures that it is only used in true life or death situations, and it contains consequences for anyone who may want to deliberately abuse this intervention method.
     
  • Here is what would unfold if someone wanted to issue an ERPO on someone:
     
  • A loved one or law enforcement officer would present evidence to a judge demonstrating that they are an immediate danger to themselves or others. This could be things like recent threats, a history of violence, or reckless brandishing of firearms.
     
  • After reviewing the evidence, the judge would have to schedule a hearing. At the hearing, the subject of the petition has the right to an attorney, and the judge ultimately decides whether or not this person should have access to firearms based off the evidence that is presented before them.
     
  • If the judge grants the ERPO, the affected person would not be able to legally access firearms and ammunition for a maximum of one year. However, the person subject to the order can demand a hearing to terminate the ERPO at any time.
     
  • Furthermore, my bill would impose criminal penalties on any person who files a petition for an ERPO that contains false statements. This language was included as a result of a bipartisan effort last session, and was included this session because I want us to work together to save lives. It is our responsibility as elected officials.
     
  • House Bill 1859 can save lives while maintaining our Constitution’s Second Amendment and holding bad actors accountable. This is what fair and responsible gun safety measures look like.
     
  • Concerns about costs have been raised. The reality is that other states that have passed ERPOs have not demonstrated an increase in costs associated with implementation.
     
  • But it does cost money to lose Pennsylvanians to gun suicide.
    • According to the CDC, each firearm suicide costs $4,073 per death in medical costs (not including emergency response), funeral and legal costs.  
    • This means that in PA, firearm suicide costs $4 million annually.

  • If ERPOs reduce firearm suicide by 10%, that is a savings of $400,000 in medical costs annually, greater than the noted cost of implementing this policy.
     
  • I know this from experience. In our case, the city of Philadelphia lost a lifelong civil servant, and my mom suddenly had to apply for CHIP, SNAP, and other state benefits to support three children.
     
  • Last weekend was a deadly weekend filled with gun violence across America. A gunman attacked a Mormon church in Michigan. Another gunman attacked a waterfront bar in Southport, NC—a bar that I have visited with my in-laws who live in Southport, a quaint little town that was just ravaged by violence. Here in our backyard, three men were shot in a shoot-out in Philadelphia on Saturday morning.
     
  • It does not have to be this way. We do not have to accept this as normal. We should not have parents sending their children off to school memorizing what they are wearing in case they need to identify their child’s body because a shooter opened fire on children in school. We can, and we must, legislate policy-driven, data-driven solutions that will simultaneously save lives and protect our constitutional rights.
     
  • I ask for your yes vote today, so other Pennsylvania families won’t have to take their new babies to visit their grandparents, parents, or siblings at the cemetery.
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