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House Co-Sponsorship Memoranda
House of Representatives
Session of 2015 - 2016
Regular Session
MEMORANDUM
| Posted: | June 20, 2016 03:43 PM |
|---|---|
| From: | Representative Rick Saccone |
| To: | All House members |
| Subject: | Loss of Weapons Due to Mental Illness |
In the near future I plan to introduce legislation that would protect the Due Process rights of those who are very briefly involuntarily committed for treatment under section 302 of the Mental Health Procedures Act. The legislation will also close a loophole in the scope of who can be ordered not to possess a firearm for a mental health reason. Currently, a citizen can lose his right to own weapons if adjudicated as an incompetent or has been involuntarily committed to a mental institution for inpatient care and treatment under section 302, 303, and 304 of the Mental Health Procedures Act. Sections 303 and 304 are adequate as they provide sufficient due process for the patient. Section 302 however, raises several concerns that affect a citizen’s liberty. A person can be detained based on a complaint or suspicion not even given under oath. The person is not read their rights and is not necessarily allowed access to legal counsel. The person may be detained for up to 120 hours of evaluation after which the person may be released or transitioned into the 303 status which for 14 days of evaluation and examination by a Board to determine further action. Under section 303 and 304 the person is represented by counsel. Unfortunately, under section 302, if the person is found not to be a danger and released that person is still burdened with the record and under the law, forfeits his right to keep and bear arms. To restore his rights, the person can seek the aid of an attorney at great expense to himself. Such action amounts to a person proving his own innocence when he was never found guilty of anything in the first place. Including section 302 in this part of the statute extends the reach of the law too far, intruding on basic liberties. Removing it will restore every citizen’s basic right to presumption of innocence without penalty. In addition, currently only persons involuntarily committed for inpatient treatment are not permitted to possess firearms. However, this leaves out those involuntarily committed to outpatient treatment under section 303 or 304 for extended treatment, on the basis of being a risk to harm themselves or others. Given the Due Process procedures in place with sections 303 and 304, I think it is important to include outpatient treatment under these sections as well. Please join me in protecting the rights of our citizens. |