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A02902
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1835
Session of
2019
INTRODUCED BY KAUFFMAN, SEPTEMBER 18, 2019
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 18, 2019
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 licenses
and for Pennsylvania State Police.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6105(c)(4) of Title 18 of the
Pennsylvania Consolidated Statutes is amended and subsection (a)
(2) is amended by adding a subparagraph to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
(a) Offense defined.--
* * *
(2) * * *
(v) A person whose disability is imposed pursuant to
subsection (c)(4) due to the person's involuntary
commitment to a mental institution for inpatient care and
treatment under section 302, 303 or 304 of the act of
July 9, 1976 (P.L.817, No.143), known as the Mental
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Health Procedures Act, shall relinquish any firearms
under that person's possession or control no later than
48 hours from the person's discharge from inpatient care
and treatment.
* * *
(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
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.
* * *
Section 1.1. Section 6109(i.1)(2) of Title 18 is amended and
the subsection is amended by adding a paragraph to read:
§ 6109. Licenses.
* * *
(i.1) Notice to sheriff.--Notwithstanding any statute to the
contrary:
* * *
(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
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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), 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 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] 72 hours of the
adjudication, commitment or treatment.
(3) The judge of the court of common pleas, mental
health review officer or county mental health and mental
retardation administrator shall notify a person who has been
subject to involuntary treatment as described under section
6105(c)(4), on a form developed by the Pennsylvania State
Police, of the person's obligations and rights under section
6105(a)(2)(v) and (f)(1) prior to discharge from inpatient
care and treatment.
* * *
Section 2. Section 6111.1(f)(2) and (3) of Title 18 is are
amended to read:
§ 6111.1. Pennsylvania State Police.
* * *
(f) Notification of mental health adjudication, treatment,
commitment, drug use or addiction.--
* * *
(2) The notification shall be transmitted by the judge
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to the Pennsylvania State Police within [seven days] 72 hours
of the adjudication, commitment or treatment.
(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 3. This act shall take effect in 60 days.
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