AN ACT

 

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.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Sections 6105(f)(1) and (j) and 6111.1(f)(3) of
9Title 18 of the Pennsylvania Consolidated Statutes are amended
10to read:

11§ 6105. Persons not to possess, use, manufacture, control, sell
12or transfer firearms.

13* * *

14(f) Other exemptions and proceedings.--

15[(1) Upon application to the court of common pleas under
16this subsection by an applicant subject to the prohibitions
17under subsection (c)(4), the court may grant such relief as

1it deems appropriate if the court determines that the
2applicant may possess a firearm without risk to the applicant
3or any other person.]

4(1) (i) Any person subject to the prohibitions under
5subsection (c)(4), or who is prohibited from possessing
6firearms under 18 U.S.C. § 922(d)(4) or (g)(4) (relating
7to unlawful acts) as a result of actions taken under the
8laws of this Commonwealth, may apply to the court of
9common pleas for relief. The court shall grant relief if
10the court determines by clear and convincing evidence and
11makes findings that the applicant does not present a risk
12of harm to the applicant or any other person, will not be
13likely to act in a manner dangerous to public safety and
14that the granting of the relief would not be contrary to
15the public interest. The court order, whether denying or
16granting relief, shall also be supported by findings of
17fact and conclusions of law. In making its decision, the
18court shall receive and consider evidence relating to the
19following:

20(A) The circumstances of the original
21commitment, appointment of a guardian or other
22finding of incompetency or incapacity.

23(B) The applicant's mental health records,
24including the original commitment application and any
25related order, or other finding of incompetency or
26incapacity and medical records relating to any
27hospitalization resulting from the involuntary
28commitment, if any.

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

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

1(E) Changes in the applicant's condition or
2circumstances relevant to the relief sought.

3(ii) The application shall be made to the court of
4common pleas in either the applicant's county of
5residence or the county of adjudication or commitment.
6The applicant shall bear the burden of proof. No
7application may be made until two years have elapsed from
8date of the imposition of the disability. The application
9shall be served upon the following parties, who shall
10have standing to appear and contest the application:

11(A) The district attorney of the county where
12the application is filed.

13(B) The Firearms Division of the Pennsylvania
14State Police.

15(C) The county mental health agency where the
16commitment or adjudication occurred.

17(iii) Any party shall have the right of appeal to
18Superior Court. <-Appeal shall be subject to a de novo 
19standard of review. A person may only file a subsequent
20application under this paragraph after three years have
21elapsed from the conclusion of the prior proceeding,
22including any appeal, which resulted in a denial under
23this paragraph.

24(iv) Notwithstanding any law to the contrary, the
25judges of the courts of common pleas, mental health
26review officers and county mental health and mental
27retardation administrators shall disclose to the district
28attorney of the county where the application is filed and
29to the Pennsylvania State Police any records in their
30possession which are to be received by a court consistent

1with subparagraph (i) when such request is made in
2conjunction with a proceeding under this paragraph. The
3district attorney of the county where the application is
4filed and the Pennsylvania State Police may, in their
5discretion, disclose the information to any person or
6entity whenever necessary in accordance with this
7paragraph.

8* * *

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

10(1) If [the court grants relief from the disabilities
11imposed under this section] a court grants any relief 
12authorized by this section, a copy of the order shall be sent
13by the prothonotary or Clerk of Court within ten days of the
14entry of the order to the Pennsylvania State Police and shall
15include the name, date of birth and Social Security number of
16the individual.

17(2) In all cases of relief authorized under this
18section, the Pennsylvania State Police shall, upon the
19expiration of any applicable appeal period, take all steps
20necessary to comply with the order, including, when required,
21notifying the <-Attorney General of the United States, the 
22Federal Bureau of Investigation and the National Instant
23Check System, regarding the order.

24§ 6111.1. Pennsylvania State Police.

25* * *

26(f) Notification of mental health adjudication, treatment,
27commitment, drug use or addiction.--

28* * *

29(3) Notwithstanding any law to the contrary, the
30Pennsylvania State Police [may] shall, within 48 hours of
 

1receipt, disclose, electronically or otherwise, to the United
2States Attorney General or a designee, any record relevant to
3a determination of whether a person is disqualified from
4possessing or receiving a firearm under 18 U.S.C. § 922 (g)
5(3) or (4) or an applicable state statute.

6* * *

7Section 2. This act shall take effect in 60 days.