A07614
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2463
Session of
2018
INTRODUCED BY NELSON, JUNE 5, 2018
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 5, 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.
* * *
(c) Other persons.--In addition to any person who has been
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
or who has been involuntarily committed to a mental
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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.]
(1) (i) Any person subject to the prohibitions under
A07614 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(C) The applicant's criminal history record.
(D) The applicant's character and reputation.
(E) Changes in the applicant's condition or
circumstances relevant to the relief sought.
A07614 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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.
(C) The county mental health agency where the
commitment or adjudication occurred.
(iii) Any party shall have the right of appeal to
Superior 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 district
attorney of the county where the application is filed and
to the Pennsylvania State Police any records in their
A07614 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.--
* * *
(3) Notwithstanding any law to the contrary, the
A07614 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 take effect in 60 days.
A07614 - 6 -
1
2
3
4
5
6
7
8