1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in firearms and other dangerous
3articles, further providing for persons not to possess, use,
4manufacture, control, sell or transfer firearms and for
5Pennsylvania State Police; and requiring mental health data
6to be transmitted.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Sections 6105(f)(1) and (j) and 6111.1(f)(3) of
10Title 18 of the Pennsylvania Consolidated Statutes are amended
11to read:

12§ 6105. Persons not to possess, use, manufacture, control, sell
13or transfer firearms.

14* * *

15(f) Other exemptions and proceedings.--

16[(1) Upon application to the court of common pleas under
17this subsection by an applicant subject to the prohibitions
18under subsection (c)(4), the court may grant such relief as
19it deems appropriate if the court determines that the

1applicant may possess a firearm without risk to the applicant
2or any other person.]

3(1) (i) Any person subject to the prohibitions under
4subsection (c)(4), or who is prohibited from possessing
5firearms under 18 U.S.C. § 922(d)(4) or (g)(4) (relating
6to unlawful acts) as a result of actions taken under the
7laws of this Commonwealth, may apply to the court of
8common pleas for relief. The court shall grant relief if
9the court determines by clear and convincing evidence and
10makes findings that the applicant does not present a risk
11of harm to the applicant or any other person, will not be
12likely to act in a manner dangerous to public safety and
13that the granting of the relief would not be contrary to
14the public interest. The court order, whether denying or
15granting relief, shall also be supported by findings of
16fact and conclusions of law. In making its decision, the
17court shall receive and consider evidence relating to the
18following:

19(A) The circumstances of the original
20commitment, appointment of a guardian or other
21finding of incompetency or incapacity.

22(B) The applicant's mental health records,
23including the original commitment application and any
24related order, or other finding of incompetency or
25incapacity and medical records relating to any
26hospitalization resulting from the involuntary
27commitment, if any.

28(C) The applicant's criminal history record.

29(D) The applicant's character and reputation.

30(E) Changes in the applicant's condition or

1circumstances relevant to the relief sought.

2(ii) The application shall be made to the court of
3common pleas in either the applicant's county of
4residence or the county of adjudication or commitment.
5The applicant shall bear the burden of proof. No
6application may be made until two years have elapsed from
7date of the imposition of the disability. The application
8shall be served upon the following parties, who shall
9have standing to appear and contest the application:

10(A) The district attorney of the county where
11the application is filed.

12(B) The Firearms Division of the Pennsylvania
13State Police.

14(C) The county mental health agency where the
15commitment or adjudication occurred.

16(iii) Any party shall have the right of appeal to
17Superior Court. A person may only file a subsequent
18application under this paragraph after three years have
19elapsed from the conclusion of the prior proceeding,
20including any appeal, which resulted in a denial under
21this paragraph.

22(iv) Notwithstanding any law to the contrary, the
23judges of the courts of common pleas, mental health
24review officers and county mental health and mental
25retardation administrators shall disclose to the district
26attorney of the county where the application is filed and
27to the Pennsylvania State Police any records in their
28possession which are to be received by a court consistent
29with subparagraph (i) when such request is made in
30conjunction with a proceeding under this paragraph. The

1district attorney of the county where the application is
2filed and the Pennsylvania State Police may, in their
3discretion, disclose the information to any person or
4entity whenever necessary in accordance with this
5paragraph.

6* * *

7(j) Copy of order to State Police.--

8(1) If [the court grants relief from the disabilities
9imposed under this section] a court grants any relief 
10authorized by this section, a copy of the order shall be sent
11by the prothonotary or Clerk of Court within ten days of the
12entry of the order to the Pennsylvania State Police and shall
13include the name, date of birth and Social Security number of
14the individual.

15(2) In all cases of relief authorized under this
16section, the Pennsylvania State Police shall, upon the
17expiration of any applicable appeal period, take all steps
18necessary to comply with the order, including, when required,
19notifying the Federal Bureau of Investigation and the
20National Instant Check System, regarding the order.

21§ 6111.1. Pennsylvania State Police.

22* * *

23(f) Notification of mental health adjudication, treatment,
24commitment, drug use or addiction.--

25* * *

26(3) Notwithstanding any law to the contrary, the
27Pennsylvania State Police [may] shall, within 48 hours of 
28receipt, disclose, electronically or otherwise, to the United
29States Attorney General or a designee, any record relevant to
30a determination of whether a person is disqualified from

1possessing or receiving a firearm under 18 U.S.C. § 922 (g)
2(3) or (4) or an applicable state statute.

3* * *

4Section 2. Within 90 days of the effective date of this
5section, the Pennsylvania State Police shall transmit to the
6United States Attorney General all mental health data which
7could have been transmitted to the United States Attorney
8General under 18 Pa.C.S. § 6111.1(f)(3) prior to the effective
9date of this section.

10Section 3. This act shall take effect in 60 days.