Proposed legislation to increase penalties in Pennsylvania for people who commit crimes while violating protection from abuse orders is opposed by gun rights advocates since it could create lifelong firearms bans.
One bill, already through the Pennsylvania House, would notch up the level of certain offenses if committed while violating the orders, known as PFAs. They are typically filed in court by victims of domestic abuse for legal boundaries to prevent stalking, harassment and unwanted contact, and can be in effect for up to three years.
That moved out of the House by a 104-94 vote Feb. 2, with five Republicans voting for it and one Democrat opposing.
A second bill, yet to get a floor vote, would increase penalties for repeat PFA violators. A PFA violation now carries a $300 fine and six months of probation. A repeat offender faces the same penalty for each offense.
Individuals who do this repeatedly are violating the law and a judge’s order with impunity, said state Rep. Nathan Davidson, a Democrat representing Dauphin and Cumberland counties who sponsored the bill.
“It says to me, the consequences for the action aren’t fitting of the behavior,” Davidson said.
Simple assault, a second-degree misdemeanor, would be upgraded to first-degree if the defendant did so while violating a PFA, the legislation spells out. Other offenses including unlawful restraint, stalking and disorderly conduct would get upgraded under the circumstances.
State Rep. Eric Nelson, a Republican representing Westmoreland County, said disorderly conduct can be making loud noises, swearing and using vulgar gestures, which he does not believe should warrant someone permanently losing their guns.
“We realize the noble intent,” Nelson said. “Yelling, swearing ― those aren’t good things to do. But that is a very vulnerable trigger that would implement a lifetime firearm ban. It’s just a bridge too far.”
Gun rights group Gun Owners of America Pennsylvania said the bill weaponizes Pennsylvania’s PFA orders to strip citizens of their firearm rights.
“Make no mistake — this bill isn’t about serious violence, it’s about turning PFAs into a backdoor mechanism for gun prohibition,” a post on the group’s website reads.
Officials with the Pennsylvania Coalition Against Domestic Violence have seen PFA filings go up statewide along with filings that include firearms relinquishment requests. The orders are viewable at a Pennsylvania Courts dashboard.
Between 2019 and 2023, Pennsylvania courts handled around 175,000 PFA cases, said Mike Waterloo, communications director for the coalition. While overall court caseloads fell, PFA fillings increased.
Clients at Domestic Violence Services of Cumberland and Perry Counties reported having their PFAs violated repeatedly.
“These families were living in terror,” said Sonya Browne, executive director of the agency based in Carlisle. “There are violations, and there aren’t stricter penalties for families who got the PFA so they wouldn’t have to live in fear anymore.”
The bills’ author, Democratic state Rep. Emily Kinkead from Allegheny County, said if PFAs were taken more seriously, they could help prevent offenders from committing future acts of violence.
“We don’t want to overburden the courts, but we want people to actually take this seriously,” Kinkead said.
Nelson said he sees “an opportunity for a landing place” for the bill if it were to have language considering the federal consequences as they pertain to firearms ownership. The legislation faces uncertainty in the Republican-controlled Senate, which does not return to session until March 24.
