Regular Session 2017-2018 House Bill 0022 P.N. 0035

PRINTER'S NO. 35

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

Session of

2017

INTRODUCED BY O'BRIEN, YOUNGBLOOD, J. HARRIS, D. COSTA, NEILSON,

BULLOCK, ROZZI, DRISCOLL, W. KELLER, McNEILL, FRANKEL, DEAN,

DONATUCCI, WARREN AND SOLOMON, JANUARY 23, 2017

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 23, 2017

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.

* * *

convicted of any offense listed under subsection (b), the

following persons shall be subject to the prohibition of

subsection (a):

* * *

(4.1) A person who has been ordered to undergo

involuntary mental health treatment on an outpatient basis

under the Mental Health Procedures Act.

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(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), 6109(c), (e)(1)(v) and

(i.1)(2) and 6111.1(f) and (g) 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.

* * *

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.

* * *

§ 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

regulations; and

(ii) any finding of fact or court order related to

any person described in 18 U.S.C. § 922(g)(3).

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(2) The notification shall be transmitted by the judge

to the Pennsylvania State Police within seven days of the

adjudication, commitment or treatment.

(3) Notwithstanding any law to the contrary, the

Pennsylvania State Police may disclose, electronically or

otherwise, to the United States Attorney General or a

designee, any record relevant to a determination of whether a

person is disqualified from possessing or receiving a firearm

under 18 U.S.C. § 922 (g)(3) or (4) or an applicable state

statute.

(g) Review by court.--

(1) Upon receipt of a copy of the order of a court of

competent jurisdiction which vacates a final order or an

involuntary certification issued by a mental health review

officer, the Pennsylvania State Police shall expunge all

records of the involuntary treatment received under

subsection (f).

(2) A person who is involuntarily committed pursuant to

section 302 of the Mental Health Procedures Act may petition

the court to review the sufficiency of the evidence upon

which the commitment was based. If the court determines that

the evidence upon which the involuntary commitment was based

was insufficient, the court shall order that the record of

the commitment 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).

(3) The Pennsylvania State Police shall expunge all

records of an involuntary commitment of an individual who is

discharged from a mental health facility based upon the

initial review by the physician occurring within two hours of

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arrival under section 302(b) of the Mental Health Procedures

Act and the physician's determination that no severe mental

disability existed pursuant to section 302(b) of the Mental

Health Procedures Act. The physician shall provide signed

confirmation of the determination of the lack of severe

mental disability following the initial examination under

section 302(b) of the Mental Health Procedures Act to the

Pennsylvania State Police.

(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).

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Section 3. This act shall take effect in 60 days.

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