PRINTER'S NO. 350
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
378
Session of
2019
INTRODUCED BY ISAACSON, CALTAGIRONE, DALEY, DONATUCCI, HILL-
EVANS, McCLINTON, McNEILL, NEILSON, OTTEN, SANCHEZ AND ZABEL,
FEBRUARY 5, 2019
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 5, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for persons not to possess, use,
manufacture, control, sell or transfer firearms, for
restoration of firearm rights for offenses under prior laws
of this Commonwealth, for licenses and for Pennsylvania State
Police.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6105(f)(1) of Title 18 of the
Pennsylvania Consolidated Statutes is amended and subsection (c)
is amended by adding a paragraph 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):
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(4.1) A person who has been ordered to undergo
involuntary mental health treatment on an outpatient basis
under the Mental Health Procedures Act.
* * *
(f) Other exemptions and proceedings.--
(1) Upon application to the court of common pleas under
this subsection by an applicant subject to the prohibitions
under subsection (c)(4) or (4.1), the court may grant such
relief as it deems appropriate if the court determines that
the applicant may possess a firearm without risk to the
applicant or any other person.
* * *
Section 2. Sections 6105.1(a)(1) and 6109(c), (e)(1)(v) and
(i.1)(2) of Title 18 are amended to read:
§ 6105.1. Restoration of firearm rights for offenses under
prior laws of this Commonwealth.
(a) Restoration.--A person convicted of a disabling offense
may make application to the court of common pleas in the county
where the principal residence of the applicant is situated for
restoration of firearms rights. The court shall grant
restoration of firearms rights after a hearing in open court to
determine whether the requirements of this section have been met
unless:
(1) the applicant has been convicted of any other
offense specified in section 6105(a) or (b) (relating to
persons not to possess, use, manufacture, control, sell or
transfer firearms) or the applicant's conduct meets the
criteria in section 6105(c)(1), (2), (3), (4), (4.1), (5),
(6) or (7);
* * *
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§ 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 been ordered to
undergo involuntary mental health treatment on an
outpatient basis . 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
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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:
* * *
(v) An individual who is not of sound mind or who
has ever been committed to a mental institution[.] or who
has ever been ordered to undergo involuntary mental
health treatment on an outpatient basis .
* * *
(i.1) Notice to sheriff.--Notwithstanding any statute to the
contrary:
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(2) Upon adjudication that a person is incompetent or
upon the involuntary commitment of a person to a mental
institution for inpatient care and treatment under the act of
July 9, 1976 (P.L.817, No.143), known as the Mental Health
Procedures Act, or upon involuntary treatment of a person as
described under section 6105(c)(4) or (4.1), the judge of the
court of common pleas, mental health review officer or county
mental health and mental retardation administrator shall
notify the sheriff of the county in which that person
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resides, on a form developed by the Pennsylvania State
Police, of the identity of the person who has been
adjudicated, committed or treated and the nature of the
adjudication, commitment or treatment. The notification shall
be transmitted by the judge, mental health review officer or
county mental health and mental retardation administrator
within seven days of the adjudication, commitment or
treatment.
* * *
Section 3. Section 6111.1(f)(1)(i) is amended and subsection
(g) is amended by adding a paragraph to read:
§ 6111.1. Pennsylvania State Police.
* * *
(f) Notification of mental health adjudication, treatment,
commitment, drug use or addiction.--
(1) Notwithstanding any statute to the contrary, judges
of the courts of common pleas shall notify the Pennsylvania
State Police, on a form developed by the Pennsylvania State
Police, of:
* * *
(i) the identity of any individual who has been
adjudicated as an incompetent or as a mental defective or
who has been involuntarily committed to a mental
institution under the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act, or
who has been involuntarily treated as described in
section 6105(c)(4) or (4.1) (relating to persons not to
possess, use, manufacture, control, sell or transfer
firearms) or as described in 18 U.S.C. § 922(g)(4)
(relating to unlawful acts) and its implementing Federal
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regulations; and
* * *
(g) Review by court.--
* * *
(4) A person who is ordered to undergo involuntary
mental health treatment on an outpatient basis under the
Mental Health Procedures Act may petition the court to review
the sufficiency of the evidence upon which the order was
based. If the court determines that the evidence upon which
the order was based was insufficient, the court shall order
that the record of the involuntary treatment submitted to the
Pennsylvania State Police be expunged. A petition filed under
this subsection shall toll the 60-day period set forth under
section 6105(a)(2).
* * *
Section 4. This act shall take effect in 60 days.
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