H0080B4248A10397 MSP:CMD 10/14/14 #90 A10397







Printer's No. 4248


1Amend Bill, page 1, line 2, by inserting after "Statutes,"

2 in burglary and other criminal intrusion,

3Amend Bill, page 1, line 4, by striking out "and"

4Amend Bill, page 1, line 4, by inserting after "penalties"

5; and, in firearms and other dangerous articles, further
6providing for Pennsylvania State Police and for limitation on
7the regulation of firearms and ammunition

8Amend Bill, page 4, by inserting between lines 2 and 3

9Section 3. Section 6111.1(f)(3) and (g)(1) and (3) of Title
1018 are amended to read:

11§ 6111.1. Pennsylvania State Police.

12* * *

13(f) Notification of mental health adjudication, treatment,
14commitment, drug use or addiction.--

15* * *

16(3) Notwithstanding any law to the contrary, the
17Pennsylvania State Police [may] shall, within 72 hours of 
18receipt, disclose, electronically or otherwise, to the United
19States Attorney General or a designee, any record relevant to
20a determination of whether a person is disqualified from
21possessing or receiving a firearm under 18 U.S.C. § 922 (g)
22(3) or (4) or an applicable state statute[.], and any record 
23relevant to a determination of whether a person is not 
24disqualified or is no longer disqualified from possessing or 
25receiving a firearm under 18 U.S.C. § 922(g)(3) or (4) or an 
26applicable state statute.

27(g) Review by court.--

28(1) Upon receipt of a copy of the order of a court of
29competent jurisdiction which vacates a final order or an
30involuntary certification issued by a mental health review
31officer, the Pennsylvania State Police shall, after 
32disclosing relevant records under subsection (f)(3), expunge
33all records of the involuntary treatment received under
34subsection (f).

35* * *

1(3) The Pennsylvania State Police, after disclosing 
2relevant records under subsection (f)(3), shall expunge all 
3records of an involuntary commitment of an individual who is 
4discharged from a mental health facility based upon the 
5initial review by the physician occurring within two hours of 
6arrival under section 302(b) of the Mental Health Procedures 
7Act and the physician's determination that no severe mental 
8disability existed pursuant to section 302(b) of the Mental 
9Health Procedures Act. The physician shall provide signed 
10confirmation of the determination of the lack of severe 
11mental disability following the initial examination under 
12section 302(b) of the Mental Health Procedures Act to the 
13Pennsylvania State Police.

14* * *

15Section 4. Section 6120(b) of Title 18 is amended and the
16section is amended by adding subsections to read:

17§ 6120. Limitation on the regulation of firearms and

19* * *

20(a.2) Relief.---A person adversely affected by an ordinance,
21a resolution, regulation, rule, practice or any other action
22promulgated or enforced by a county, municipality or township
23prohibited under subsection (a) or 53 Pa.C.S. § 2962(g)
24(relating to limitation on municipal powers) may seek
25declaratory or injunctive relief and actual damages in an
26appropriate court.

27(a.3)  Reasonable expenses.--A court shall award reasonable
28expenses to a person adversely affected in an action under
29subsection (a.2) for any of the following:

30(1) A final determination by the court is granted in
31favor of the person adversely affected.

32(2) The regulation in question is rescinded, repealed or
33otherwise abrogated after suit has been filed under
34subsection (a.2) but before the final determination by the

36(b) Definitions.--As used in this section, the following
37words and phrases shall have the meanings given to them in this

39"Dealer." The term shall include any person engaged in the
40business of selling at wholesale or retail a firearm or

42"Firearms." This term shall have the meaning given to it in
43section 5515 (relating to prohibiting of paramilitary training)
44but shall not include air rifles as that term is defined in
45section 6304 (relating to sale and use of air rifles).

46"Person adversely affected."  Any of the following:

47(1)  A resident of this Commonwealth who may legally
48possess a firearm under Federal and State law.

49(2)  A person who otherwise has standing under the laws
50of this Commonwealth to bring an action under subsection

1(3) A membership organization, in which a member is a
2person described under paragraphs (1) or (2).

3"Political subdivision." The term shall include any home
4rule charter municipality, county, city, borough, incorporated
5town, township or school district.

6"Reasonable expenses."  The term includes, but is not limited
7to, attorney fees, expert witness fees, court costs and
8compensation for loss of income.

9Amend Bill, page 4, line 3, by striking out "3" and inserting

10 5


See A10397 in
the context
of HB0080