Proposed state legislation over guns at airports on hold as talks with law enforcement continue

Legislation drafted to reduce the number of guns confiscated by the Transportation Security Administration at Pittsburgh International Airport has been sent back to the drawing board.

State Rep. Dan Frankel, D-Squirrel Hill, said he was hoping to have already presented his proposed TSA Firearm Compliance Act, a measure that would revoke the concealed carry permits of anyone who is caught with a firearm at a TSA checkpoint. The draft was held back while he talks with state and federal law enforcement and other stakeholders to ensure the language is effective enough to make a change.

“We hear a lot about gun rights, but what about the responsibilities that come with owning a firearm?” Frankel said. “Nearly every week, we see another case of a careless individual endangering the safety of fellow travelers, draining resources from security personnel and generally gumming up the works in Pennsylvania’s airports by bringing a gun through a security checkpoint in a carry-on bag. Frankly, my constituents are frustrated, and so am I.”

As of April 30, TSA agents at Pittsburgh International have confiscated 14 guns, almost a third of the amount of guns confiscated by TSA in all of 2023. Under current laws, if a gun owner walks up to an airport security checkpoint with a loaded gun in their carry-on luggage, the weapon will be confiscated and they’ll receive a fine. There is no guarantee they will lose their permit to carry a concealed weapon.

A change in the law Frankel is pursuing would eliminate the ambiguity for sheriffs asked to revoke a gun permit, but the chances of it reaching the governor’s desk would be a political challenge in Pennsylvania, where Democrats have a slim margin in the House and Republicans control the Senate.

The growing number of guns being confiscated at airports despite warnings from TSA should prompt lawmakers to seek other solutions, Frankel said.

“My hope is that there would be bipartisan support to help keep airports safe and firearms off planes before a tragedy occurs,” he said. “Luckily, it hasn’t happened at an airport in Pennsylvania, but just because it hasn’t happened doesn’t mean it can’t or won’t.”

Last May, state House Democrats garnered enough support from Republicans to pass two gun control measures: a so-called “red flag law” that allows police to confiscate guns from people who pose an immediate danger to the public or themselves and a law to close a loophole by requiring a criminal background check when long guns are sold privately. Both laws have yet to be considered by the state Senate.

The laws passed 102-99 and 109-92, respectively.

Two other measures did not fare as well.

Stolen gun proposal

A bill requiring gun owners to report a firearm lost or stolen within three days failed, and a proposal to make safety locks mandatory for certain guns did not make it to the floor for a vote.

State Rep. Emily Kincaid, D-West View, who serves on the House Judiciary Committee, said the fact the stolen gun reporting measure failed is disconcerting.

The bill, she said, was aimed at reducing so-called “straw” purchases, a practice in which people buy guns and sell them to someone who can’t legally possess one.

“This law was aimed squarely at people who are trying to make money and 100% know how to game the system,” Kincaid said. “We’re talking about the irresponsible gun owner who knows that if the guns they sell get traced back to them because they were used in a crime, all they have to say is that they didn’t know it was stolen.”

Lawmakers have a duty to hold people accountable for irresponsible behavior, Kincaid said. But some aren’t willing to do that when it comes to gun owners, she said.

“We always hear from the other side that gun laws do nothing but punish responsible gun owners,” she said. “But they can’t even get on board with something that makes sense, like requiring a gun owner to be responsible for their weapons and report them when they are stolen.

“They know that the purpose of this law is to try to keep guns out of the hands of criminals, yet they still opposed it.”

The Senate, where Republicans hold a 28-22 majority, has not yet considered the red flag or loophole laws. Gov. Josh Shapiro already has announced his support for the measures.

State Rep. Valerie Gaydos, R-Moon, whose district includes Pittsburgh International, balked at the idea of seeking a legislative solution “for a problem that really does not exist.”

“Personally, I don’t think that it’s up to the state to put that mandate on the county sheriffs,” she said. “If the state sheriffs association says to me that we want you to change this law, I would be happy to meet with them. But we’ve had no such request.”

Gaydos voted against the new red flag law but crossed party lines to vote for the bill closing the gun-show loophole.

Incidents limited

Gaydos said that with about 8 million passengers flying in and out of Pittsburgh International each year, the number of people stopped with guns does not warrant changing the law.

“While I agree that if one person gets injured it’s a horrible thing, it seems to me that they (the TSA) are handling this,” she said. “And while there’s still work to be done, we should applaud the TSA for reducing the number of attempts while we’ve increased air traffic dramatically.”

Gaydos considers people who show up at an airport with a gun in their carry-on bag irresponsible, but she said she didn’t think the penalty for doing so should include the loss of their concealed carry permit.

“To make a law for so few people doesn’t make any sense,” she said.

Kincaid balked at the notion.

“We pass laws all the time that don’t affect a lot of people because it’s the right thing to do,” she said. “But some of my colleagues only make these strange leaps in logic when it comes to guns.”

Frankel said he has received constituent support for his efforts. He explained the details of the legislation are still being worked in talks with state and federal law enforcement and other stakeholders.

“Ultimately, this is a law that should make the job (of) security and law enforcement personnel easier, so we are proceeding with a lot of care,” he said.

As of April 1, there are about 1.63 million active license to carry permits and about 10,300 sportsman permits, according to the Pennsylvania State Police.

Each county sheriff is responsible for processing applications for concealed carry permits and conducting a criminal background check before one is issued. In Philadelphia, the police chief issues the permits.

Mixed opinions

Some county sheriffs have mixed opinions regarding the legislation.

“I agree that there should be some repercussions if you try to take a firearm illegally on a plane,” said Armstrong County Sheriff Frank Pitzer. “In this day and age, you can never be too careful. You really want to make sure that everyone is as safe and secure as possible.”

According to Pitzer, if gun owners are going to take the chance and be neglectful enough to take a firearm on a plane, then there need to be repercussions.

“I’m a full-blown Second Amendment supporter,” he said. “But there’s laws that we need to abide by.”

He said his immediate thought doesn’t go to the risk of the gun carrier being irresponsible but rather the risk of the gun being taken from them and used on the aircraft.

In the case of someone violating the laws of a carry permit — they bring the gun into a school building, a courthouse, a detention and correctional facility or a mental hospital, for instance — Pitzer said the sheriff’s department has the authority to take the permit away after apprehending the carrier. They also can contact the gun owner by certified mail or visit the carrier’s home to confiscate it.

Until airports are included under the law, people who bring a gun to an airport checkpoint could argue that a sheriff doesn’t have the right to revoke their permit, said Allegheny County Sheriff Kevin Kraus.

He said he will only revoke a concealed carry permit when someone is caught at the airport with a gun if there is a law to back up his decision.

“I will revoke a license to carry a firearm,” he said, “if it meets the statutory criteria for a revocation.”

Westmoreland County Sheriff James Albert did not respond to requests for comment.