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 <-and for limitation on the 
6regulation of firearms and ammunition.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. <-Sections 6105(f)(1) and (j) and 6111.1(f)(3) 
<-10Section 6111.1(f)(3) and (g)(1) and (3) of Title 18 of the
11Pennsylvania Consolidated Statutes are amended to read:

<-12§ 6105. Persons not to possess, use, manufacture, control, sell
13or transfer firearms.

14* * *

15(f) Other exemptions and proceedings.--

16[(1) Upon application to the court of common pleas under
17this subsection by an applicant subject to the prohibitions

1under subsection (c)(4), the court may grant such relief as
2it deems appropriate if the court determines that the
3applicant may possess a firearm without risk to the applicant
4or any other person.]

5(1) (i) Any person subject to the prohibitions under
6subsection (c)(4), or who is prohibited from possessing
7firearms under 18 U.S.C. § 922(d)(4) or (g)(4) (relating
8to unlawful acts) as a result of actions taken under the
9laws of this Commonwealth, may apply to the court of
10common pleas for relief. The court shall grant relief if
11the court determines by clear and convincing evidence and
12makes findings that the applicant does not present a risk
13of harm to the applicant or any other person, will not be
14likely to act in a manner dangerous to public safety and
15that the granting of the relief would not be contrary to
16the public interest. The court order, whether denying or
17granting relief, shall also be supported by findings of
18fact and conclusions of law. In making its decision, the
19court shall receive and consider evidence relating to the
20following:

21(A) The circumstances of the original
22commitment, appointment of a guardian or other
23finding of incompetency or incapacity.

24(B) The applicant's mental health records,
25including the original commitment application and any
26related order, or other finding of incompetency or
27incapacity and medical records relating to any
28hospitalization resulting from the involuntary
29commitment, if any.

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

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

2(E) Changes in the applicant's condition or
3circumstances relevant to the relief sought.

4(ii) The application shall be made to the court of
5common pleas in either the applicant's county of
6residence or the county of adjudication or commitment.
7The applicant shall bear the burden of proof. No
8application may be made until two years have elapsed from
9date of the imposition of the disability. The application
10shall be served upon the following parties, who shall
11have standing to appear and contest the application:

12(A) The district attorney of the county where
13the application is filed.

14(B) The Firearms Division of the Pennsylvania
15State Police.

16(C) The county mental health agency where the
17commitment or adjudication occurred.

18(iii) Any party shall have the right of appeal to
19Superior Court. Appeal shall be subject to a de novo
20standard of review. A person may only file a subsequent
21application under this paragraph after three years have
22elapsed from the conclusion of the prior proceeding,
23including any appeal, which resulted in a denial under
24this paragraph.

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

1possession which are to be received by a court consistent
2with subparagraph (i) when such request is made in
3conjunction with a proceeding under this paragraph. The
4district attorney of the county where the application is
5filed and the Pennsylvania State Police may, in their
6discretion, disclose the information to any person or
7entity whenever necessary in accordance with this
8paragraph.

9* * *

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

11(1) If [the court grants relief from the disabilities
12imposed under this section] a court grants any relief
13authorized by this section, a copy of the order shall be sent
14by the prothonotary or Clerk of Court within ten days of the
15entry of the order to the Pennsylvania State Police and shall
16include the name, date of birth and Social Security number of
17the individual.

18(2) In all cases of relief authorized under this
19section, the Pennsylvania State Police shall, upon the
20expiration of any applicable appeal period, take all steps
21necessary to comply with the order, including, when required,
22notifying the Attorney General of the United States, the
23Federal Bureau of Investigation and the National Instant
24Check System, regarding the order.

25§ 6111.1. Pennsylvania State Police.

26* * *

27(f) Notification of mental health adjudication, treatment,
28commitment, drug use or addiction.--

29* * *

30(3) Notwithstanding any law to the contrary, the

1Pennsylvania State Police [may] shall, within <-48 72 hours of 
2receipt, disclose, electronically or otherwise, to the United
3States Attorney General or a designee, any record relevant to
4a determination of whether a person is disqualified from
5possessing or receiving a firearm under 18 U.S.C. § 922 (g)
6(3) or (4) or an applicable state statute[.<-], and any record 
7relevant to a determination of whether a person is not 
8disqualified or is no longer disqualified from possessing or 
9receiving a firearm under 18 U.S.C. § 922(g)(3) or (4) or an 
10applicable state statute.

11(g) Review by court.--

12(1) Upon receipt of a copy of the order of a court of
13competent jurisdiction which vacates a final order or an
14involuntary certification issued by a mental health review
15officer, the Pennsylvania State Police shall, after 
16disclosing relevant records under subsection (f)(3), expunge
17all records of the involuntary treatment received under
18subsection (f).

19* * *

20(3) The Pennsylvania State Police, after disclosing 
21relevant records under subsection (f)(3), shall expunge all 
22records of an involuntary commitment of an individual who is 
23discharged from a mental health facility based upon the 
24initial review by the physician occurring within two hours of 
25arrival under section 302(b) of the Mental Health Procedures 
26Act and the physician's determination that no severe mental 
27disability existed pursuant to section 302(b) of the Mental 
28Health Procedures Act. The physician shall provide signed 
29confirmation of the determination of the lack of severe 
30mental disability following the initial examination under
 

1section 302(b) of the Mental Health Procedures Act to the 
2Pennsylvania State Police.

3* * *

<-4Section 2. Section 6120(b) of Title 18 is amended and the
5section is amended by adding subsections to read:

6§ 6120. Limitation on the regulation of firearms and
7ammunition.

8* * *

9(a.2) Relief.---A person adversely affected by an ordinance,
10a resolution, regulation, rule, practice or any other action
11promulgated or enforced by a county, municipality or township
12prohibited under subsection (a) or 53 Pa.C.S. § 2962(g)
13(relating to limitation on municipal powers) may seek
14declaratory or injunctive relief and actual damages in an
15appropriate court.

16(a.3)  Reasonable expenses.--A court shall award reasonable
17expenses to a person adversely affected in an action under
18subsection (a.2) for any of the following:

19(1) A final determination by the court is granted in
20favor of the person adversely affected.

21(2) The regulation in question is rescinded, repealed or
22otherwise abrogated after suit has been filed under
23subsection (a.2) but before the final determination by the
24court.

25(b) Definitions.--As used in this section, the following
26words and phrases shall have the meanings given to them in this
27subsection:

28"Dealer." The term shall include any person engaged in the
29business of selling at wholesale or retail a firearm or
30ammunition.

1"Firearms." This term shall have the meaning given to it in
2section 5515 (relating to prohibiting of paramilitary training)
3but shall not include air rifles as that term is defined in
4section 6304 (relating to sale and use of air rifles).

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

6(1)  A resident of this Commonwealth who may legally
7possess a firearm under Federal and State law.

8(2)  A person who otherwise has standing under the laws
9of this Commonwealth to bring an action under subsection
10(a.2).

11(3) A membership organization, in which a member is a
12person described under paragraphs (1) or (2).

13"Political subdivision." The term shall include any home
14rule charter municipality, county, city, borough, incorporated
15town, township or school district.

16"Reasonable expenses."  The term includes, but is not limited
17to, attorney fees, expert witness fees, court costs and
18compensation for loss of income.

19Section <-2 3. This act shall take effect in 60 days.