THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY O'NEILL, BRIGGS, BROWN, D. COSTA, FREEMAN, HARHART, HARKINS, HORNAMAN, KORTZ, McGEEHAN, McILVAINE SMITH, MILLER, MURPHY, MURT, D. O'BRIEN, PASHINSKI, QUINN, ROEBUCK, SIPTROTH, J. TAYLOR, WATSON AND WHEATLEY, JULY 1, 2009

REFERRED TO COMMITTEE ON JUDICIARY, JULY 1, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in firearms and other dangerous

articles, prohibiting persons ordered to undergo involuntary

mental health treatment from owning firearms.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 6105(c)(4) and 6109(c) and (e) of Title

18 of the Pennsylvania Consolidated Statutes are amended to

read:

§ 6105.  Persons not to possess, use, manufacture, control, sell

or transfer firearms.

* * *

(c)  Other persons.--In addition to any person who has been

convicted of any offense listed under subsection (b), the

following persons shall be subject to the prohibition of

subsection (a):

* * *

(4)  A person who has been adjudicated as an incompetent

or who has been [involuntarily committed to a mental

institution for inpatient care and] ordered to undergo

involuntary mental health treatment under section 302, 303 or

304 of the provisions of the act of July 9, 1976 (P.L.817,

No.143), known as the Mental Health Procedures Act. This

paragraph shall not apply to any proceeding under section 302

of the Mental Health Procedures Act unless the examining

physician has issued a certification that inpatient care was

necessary or that the person was committable.

* * *

§ 6109.  Licenses.

* * *

(c)  Form of application and content.--The application for a

license to carry a firearm shall be uniform throughout this

Commonwealth and shall be on a form prescribed by the

Pennsylvania State Police. The form may contain provisions, not

exceeding one page, to assure compliance with this section.

Issuing authorities shall use only the application form

prescribed by the Pennsylvania State Police. One of the

following reasons for obtaining a firearm license shall be set

forth in the application: self-defense, employment, hunting and

fishing, target shooting, gun collecting or another proper

reason. The application form shall be dated and signed by the

applicant and shall contain the following statement:

I have never been convicted of a crime that prohibits me

from possessing or acquiring a firearm under Federal or

State law. I am of sound mind and have never been

committed to a mental institution or ordered to undergo

involuntary mental health treatment. I hereby certify

that the statements contained herein are true and correct

to the best of my knowledge and belief. I understand

that, if I knowingly make any false statements herein, I

am subject to penalties prescribed by law. I authorize

the sheriff, or his designee, or, in the case of first

class cities, the chief or head of the police department,

or his designee, to inspect only those records or

documents relevant to information required for this

application. If I am issued a license and knowingly

become ineligible to legally possess or acquire firearms,

I will promptly notify the sheriff of the county in which

I reside or, if I reside in a city of the first class,

the chief of police of that city.

* * *

(e)  Issuance of license.--

(1)  A license to carry a firearm shall be for the

purpose of carrying a firearm concealed on or about one's

person or in a vehicle and shall be issued if, after an

investigation not to exceed 45 days, it appears that the

applicant is an individual concerning whom no good cause

exists to deny the license. A license shall not be issued to

any of the following:

(i)  An individual whose character and reputation is

such that the individual would be likely to act in a

manner dangerous to public safety.

(ii)  An individual who has been convicted of an

offense under the act of April 14, 1972 (P.L.233, No.64),

known as The Controlled Substance, Drug, Device and

Cosmetic Act.

(iii)  An individual convicted of a crime enumerated

in section 6105.

(iv)  An individual who, within the past ten years,

has been adjudicated delinquent for a crime enumerated in

section 6105 or for an offense under The Controlled

Substance, Drug, Device and Cosmetic Act.

(v)  An individual who is not of sound mind or who

has ever been committed to a mental institution or who

has been ordered to undergo involuntary mental health

treatment.

(vi)  An individual who is addicted to or is an

unlawful user of marijuana or a stimulant, depressant or

narcotic drug.

(vii)  An individual who is a habitual drunkard.

(viii)  An individual who is charged with or has been

convicted of a crime punishable by imprisonment for a

term exceeding one year except as provided for in section

6123 (relating to waiver of disability or pardons).

(ix)  A resident of another state who does not

possess a current license or permit or similar document

to carry a firearm issued by that state if a license is

provided for by the laws of that state, as published

annually in the Federal Register by the Bureau of

Alcohol, Tobacco and Firearms of the Department of the

Treasury under 18 U.S.C. § 921(a)(19) (relating to

definitions).

(x)  An alien who is illegally in the United States.

(xi)  An individual who has been discharged from the

armed forces of the United States under dishonorable

conditions.

(xii)  An individual who is a fugitive from justice.

This subparagraph does not apply to an individual whose

fugitive status is based upon nonmoving or moving summary

offense under Title 75 (relating to vehicles).

(xiii)  An individual who is otherwise prohibited

from possessing, using, manufacturing, controlling,

purchasing, selling or transferring a firearm as provided

by section 6105.

(xiv)  An individual who is prohibited from

possessing or acquiring a firearm under the statutes of

the United States.

(3)  The license to carry a firearm shall be designed to

be uniform throughout this Commonwealth and shall be in a

form prescribed by the Pennsylvania State Police. The license

shall bear the following:

(i)  The name, address, date of birth, race, sex,

citizenship, height, weight, color of hair, color of eyes

and signature of the licensee.

(ii)  The signature of the sheriff issuing the

license.

(iii)  A license number of which the first two

numbers shall be a county location code followed by

numbers issued in numerical sequence.

(iv)  The point-of-contact telephone number

designated by the Pennsylvania State Police under

subsection (l).

(v)  The reason for issuance.

(vi)  The period of validation.

(4)  The sheriff shall require a photograph of the

licensee on the license. The photograph shall be in a form

compatible with the Commonwealth Photo Imaging Network.

(5)  The original license shall be issued to the

applicant. The first copy of the license shall be forwarded

to the Pennsylvania State Police within seven days of the

date of issue. The second copy shall be retained by the

issuing authority for a period of seven years. Except

pursuant to court order, both copies and the application

shall, at the end of the seven-year period, be destroyed

unless the license has been renewed within the seven-year

period.

* * *

Section 2.  This act shall take effect in 60 days.