Regular Session 2017-2018 House Bill 2463 P.N. 3757

PRIOR PRINTER'S NO. 3605

PRINTER'S NO. 3757

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2463

Session of

2018

INTRODUCED BY NELSON AND DAVIS, JUNE 5, 2018

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 19, 2018

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 and for

Pennsylvania State Police.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 6105(c)(4), (f)(1) and (j) and 6111.1(f)

(3) of Title 18 of the Pennsylvania Consolidated Statutes are

amended to read:

§ 6105. Persons not to possess, use, manufacture, control, sell

or transfer firearms.

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

following persons shall be subject to the prohibition of

subsection (a):

* * *

(4) A person who [has been adjudicated as an incompetent

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or who has been involuntarily committed to a mental

institution for inpatient care and treatment under section

[302,] 303 or 304 of the provisions of the act of July 9,

1976 (P.L.817, No.143), known as the Mental Health Procedures

Act. [This paragraph shall not apply to any proceeding under

section 302 of the Mental Health Procedures Act unless the

examining physician has issued a certification that inpatient

care was necessary or that the person was committable.]:

(I) HAS BEEN ADJUDICATED AS AN INCOMPETENT OR WHO

HAS BEEN INVOLUNTARILY COMMITTED TO A MENTAL INSTITUTION

FOR INPATIENT CARE AND TREATMENT UNDER SECTION 303 OR 304

OF THE ACT OF JULY 9, 1976 (P.L.817, NO.143), KNOWN AS

THE MENTAL HEALTH PROCEDURES ACT ; OR

(II) HAS BEEN INVOLUNTARILY COMMITTED TO A MENTAL

INSTITUTION FOR INPATIENT CARE AND TREATMENT UNDER

SECTION 302 OF THE MENTAL HEALTH PROCEDURES ACT. THIS

PARAGRAPH SHALL NOT APPLY TO ANY PROCEEDING UNDER SECTION

302 OF THE MENTAL HEALTH PROCEDURES ACT UNLESS THE

EXAMINING PHYSICIAN HAS ISSUED A CERTIFICATION THAT

INPATIENT CARE WAS NECESSARY OR THAT THE PERSON WAS

COMMITTABLE. THE PROHIBITION SHALL TERMINATE SIX MONTHS

FROM THE DATE THE COMMITMENT COMMENCED.

* * *

(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), 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.]

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(1) (i) Any person subject to the prohibitions under

subsection (c)(4), or who is prohibited from possessing

firearms under 18 U.S.C. § 922(d)(4) or (g)(4) (relating

to unlawful acts) as a result of actions taken under the

laws of this Commonwealth, may apply to the court of

common pleas for relief from any or all of the

prohibitions. The court shall grant relief if the court

determines by a preponderance of the evidence and makes

findings that the applicant does not present a risk of

harm to the applicant or any other person, will not be

likely to act in a manner dangerous to public safety and

that the granting of the relief would not be contrary to

the public interest. The court order, whether denying or

granting relief, shall also be supported by findings of

fact and conclusions of law. In making its decision, the

court shall receive and consider evidence relating to the

following:

(A) The circumstances of and the time elapsed

since the original commitment, appointment of a

guardian or other finding of incompetency or

incapacity.

(B) The applicant's mental health records,

including the original commitment application and any

related order, or other finding of incompetency or

incapacity and medical records relating to any

hospitalization resulting from the involuntary

commitment, if any.

(D) The applicant's character and reputation.

(E) Changes in the applicant's condition or

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circumstances relevant to the relief sought.

(ii) The application shall be made to the court of

common pleas in either the applicant's county of

residence or the county of adjudication or commitment.

The applicant shall bear the burden of proof. The

applicant may commence a proceeding at any time, but in

no event may an application be made until two years have

elapsed from the date of the imposition of the

disability. The application shall be served upon the

following parties, who shall have standing to appear and

contest the application, but are not required to appear

or contest the application:

(A) The district attorney of the county where

the application is filed.

(B) The Firearms Division of the Pennsylvania

State Police.

commitment or adjudication occurred.

(iii) Any party shall have the right of appeal to

Superior COMMONWEALTH Court. Appeal shall be subject to a

de novo standard of review. A person may only file a

subsequent application under this paragraph after one

year has elapsed from the conclusion of the prior

proceeding, including any appeal, which resulted in a

denial under this paragraph.

(iv) Notwithstanding any law to the contrary, the

judges of the courts of common pleas, mental health

review officers and county mental health and mental

retardation administrators shall disclose to the

APPLICANT, THE district attorney of the county where the

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application is filed and to the Pennsylvania State Police

any records in their possession which are to be received

by a court consistent with subparagraph (i) when such

request is made in conjunction with a proceeding under

this paragraph. The district attorney of the county where

the application is filed and the Pennsylvania State

Police may, in their discretion, disclose the information

to any person or entity whenever necessary in accordance

with this paragraph.

* * *

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

(1) If [the court grants relief from the disabilities

imposed under this section] a court grants any relief

authorized by this section, a copy of the order shall be sent

by the prothonotary or Clerk of Court within ten days of the

entry of the order to the Pennsylvania State Police and shall

include the name, date of birth and Social Security number of

the individual.

(2) In all cases of relief authorized under this

section, the Pennsylvania State Police shall, upon the

expiration of any applicable appeal period, take all steps

necessary to comply with the order, including, when required,

notifying the Attorney General of the United States, the

Federal Bureau of Investigation and the National Instant

Check System, regarding the order.

§ 6111.1. Pennsylvania State Police.

* * *

(f) Notification of mental health adjudication, treatment,

commitment, drug use or addiction.--

* * *

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(3) Notwithstanding any law to the contrary, the

Pennsylvania State Police [may] shall, within 72 hours of

receipt, 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.

* * *

SECTION 2. THIS ACT SHALL APPLY AS FOLLOWS:

(1) THE AMENDMENT OF 18 PA.C.S. § 6105(C)(4) SHALL APPLY

TO A PERSON WHO HAS BEEN, ON AND AFTER THE EFFECTIVE DATE OF

THIS SECTION, ADJUDICATED AS AN INCOMPETENT OR WHO HAS BEEN

INVOLUNTARILY COMMITTED TO A MENTAL INSTITUTION FOR INPATIENT

CARE AND TREATMENT UNDER SECTION 302 OF THE ACT OF JULY 9,

1976 (P.L.817, NO.143), KNOWN AS THE MENTAL HEALTH PROCEDURES

ACT.

(2) THE AMENDMENT OF 18 PA.C.S. § 6105(F)(1) SHALL APPLY

TO A PERSON WHO HAS BEEN:

(I) BEFORE THE EFFECTIVE DATE OF THIS SECTION,

ADJUDICATED AS AN INCOMPETENT OR WHO HAS BEEN

INVOLUNTARILY COMMITTED TO A MENTAL INSTITUTION FOR

INPATIENT CARE AND TREATMENT UNDER SECTION 302 OF THE

MENTAL HEALTH PROCEDURES ACT; OR

(II) BEFORE, ON AND AFTER THE EFFECTIVE DATE OF THIS

SECTION, ADJUDICATED AS AN INCOMPETENT OR WHO HAS BEEN

INVOLUNTARILY COMMITTED TO A MENTAL INSTITUTION FOR

INPATIENT CARE AND TREATMENT UNDER SECTION 303 OR 304 OF

THE MENTAL HEALTH PROCEDURES ACT.

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

SEPTEMBER 1, 2018, OR IMMEDIATELY, WHICHEVER IS LATER.

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