including troopers, officers, sheriffs and their deputies,
shall, except as provided under subsection (b), be immune
from civil liability for actions taken in good faith to carry
out their duties relating to the seizure and relinquishment
of firearms, other weapons and ammunition as provided for
under this subchapter, except for gross negligence,
intentional misconduct or reckless, willful or wanton
misconduct.
(2) A person licensed under the act of July 9, 1987
(P.L.220, No.39), known as the Social Workers, Marriage and
Family Therapists and Professional Counselors Act, or as a
health care practitioner as defined under section 103 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health
Care Facilities Act, who initiates a proceeding for the
issuance of a firearm restraining order in accordance with
section 6190.3 (relating to commencement of proceedings)
shall not be held civilly or criminally liable for actions
taken under the provisions of this subchapter if the person
acted in good faith and without malice.
(b) Exception.--Law enforcement agencies and their
employees, including troopers, officers, sheriffs and their
deputies, may be liable to the lawful owner of confiscated,
seized or relinquished firearms in accordance with section
6105(f) (relating to persons not to possess, use, manufacture,
control, sell or transfer firearms) and may be liable to the
lawful owner of confiscated, seized or relinquished other
weapons or ammunition for any loss, damage or substantial
decrease in the value of the other weapons or ammunition that is
a direct result of a lack of reasonable care by the law
enforcement agency or its employees.
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