House Bill 1859, introduced Sept. 10, 2025, would add Chapter 64A to Titles 18 and 42 of the Pennsylvania Consolidated Statutes to permit courts to issue extreme risk protection orders (ERPOs) that prohibit a person from possessing or acquiring firearms when the person presents a substantial risk of suicide or of causing death or serious bodily injury to another.

The bill was introduced by members of the Pennsylvania House and carries a long list of sponsors listed on the filing, and it was referred to the House Committee on Judiciary on Sept. 11, 2025. The measure would place duties on courts, law enforcement, the Pennsylvania State Police and the Office of Attorney General and create standardized petitions, forms and informational materials.

Under the bill, a law enforcement officer or a family or household member may file a petition requesting an ERPO. No filing fee may be charged. A court or designated hearing officer may issue an interim ERPO by a preponderance of the evidence if it finds the respondent presents an imminent substantial risk; an interim order triggers relinquishment instructions and notice requirements. A full hearing must be held within 10 days of the petition, and a court may issue a final ERPO only upon a finding by clear and convincing evidence that the respondent presents a substantial risk.

Key provisions would require relinquishment of all firearms owned by or in the possession or control of a respondent within 24 hours of service of an ERPO unless the court specifies otherwise; law enforcement taking custody may transfer firearms to a sheriff or to a licensed firearms dealer for safekeeping. A dealer accepting custody must provide a prescribed affidavit listing each firearm and acknowledge it will not return a firearm while an ERPO is in effect. The bill requires the sheriff or law enforcement agency to give the respondent a signed, dated receipt describing each firearm and its condition and makes the agency potentially liable for loss or damage attributable to lack of reasonable care.

The bill sets the duration of ERPOs issued after a hearing at a minimum of three months and a maximum of one year, and it allows a respondent to petition for termination at any time; a termination hearing must be held within 10 business days. It also provides a process for third-party claims to request return of a relinquished firearm, including sworn affidavits and storage requirements if the claimant lives with the person subject to the order. Prior to returning a firearm, the sheriff or dealer must independently confirm, via background check, that the person requesting return is legally eligible to possess firearms under federal and state law; that check must be completed no later than the end of the next business day after the request.

The bill creates criminal penalties for violations tied to ERPOs: failing to relinquish firearms as required by an ERPO or returning firearms in violation of the statute is made a misdemeanor (degrees vary by provision), and knowingly making a false petition is a third-degree felony. The text also includes restitution for respondents found to have been targeted by bad-faith petitions.

Other provisions: the President Judge of the Philadelphia Municipal Court may appoint masters to handle ERPO or protection-from-abuse matters; the Pennsylvania State Police must enter orders into appropriate databases so notices flow to the Pennsylvania Instant Check System and the FBI's National Instant Criminal Background Check System; courts must issue a separate explanatory opinion within seven days of issuing an order; and the Office of Attorney General must develop standardized petitions, instructions, brochures, staff handbooks and translated materials for significant non-English-speaking populations and distribute master copies to clerks and courts. The act would take effect 90 days after enactment.

The bill references existing statutory provisions including protections and processes in 23 Pa.C.S. (protection from abuse), relevant sections of Title 18 (crimes and firearms licensing), and cross-references to federal law (18 U.S.C. 922(g)(9)) and the Mental Health Procedures Act. As introduced, the measure has been filed but not voted on; its next legislative step is consideration in the House Committee on Judiciary.

Votes at a glance: House Bill No. 1859 was introduced Sept. 10, 2025, Printer's No. 2302, and referred to the House Committee on Judiciary on Sept. 11, 2025. No committee or floor votes were recorded in the filing document.