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.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 6105(f)(1) and (j) of Title 18 of the
8Pennsylvania Consolidated Statutes are amended to read:

9§ 6105. Persons not to possess, use, manufacture, control, sell
10or transfer firearms.

11* * *

12(f) Other exemptions and proceedings.--

13[(1) Upon application to the court of common pleas under
14this subsection by an applicant subject to the prohibitions
15under subsection (c)(4), the court may grant such relief as
16it deems appropriate if the court determines that the
17applicant may possess a firearm without risk to the applicant

1or any other person.]

2(1) (i) Any person subject to the prohibitions under
3subsection (c)(4), or who is prohibited from possessing
4firearms under 18 U.S.C. § 922(d)(4) or (g)(4) (relating
5to unlawful acts) as a result of actions taken under the
6laws of this Commonwealth, may apply to the court of
7common pleas for relief. The court shall grant relief if
8the court determines by clear and convincing evidence and
9makes findings that the applicant does not present a risk
10of harm to the applicant or any other person, will not be
11likely to act in a manner dangerous to public safety and
12that the granting of the relief would not be contrary to
13the public interest. The court order, whether denying or
14granting relief, shall also be supported by findings of
15fact and conclusions of law. In making its decision, the
16court shall receive and consider evidence relating to the

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

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

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

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

29(E) Changes in the applicant's condition or
30circumstances relevant to the relief sought.

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

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

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

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

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

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

1filed and the Pennsylvania State Police may, in their
2discretion, disclose the information to any person or
3entity whenever necessary in accordance with this

5* * *

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

7(1) If [the court grants relief from the disabilities
8imposed under this section] a court grants any relief 
9authorized by this section, a copy of the order shall be sent
10by the prothonotary or Clerk of Court within ten days of the
11entry of the order to the Pennsylvania State Police and shall
12include the name, date of birth and Social Security number of
13the individual.

14(2) In all cases of relief authorized under this
15section, the Pennsylvania State Police shall, upon the
16expiration of any applicable appeal period, take all steps
17necessary to comply with the order, including, when required,
18notifying the Federal Bureau of Investigation and the
19National Instant Check System, regarding the order.

20Section 2. This act shall take effect in 60 days.