Bill Text: PA SB185 | 2011-2012 | Regular Session | Introduced

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Bill Title: Prohibiting persons ordered to undergo involuntary mental health treatment on an outpatient basis from owning firearms.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2011-03-23 - Referred to JUDICIARY [SB185 Detail]

Download: Pennsylvania-2011-SB185-Introduced.html

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PRINTER'S NO. 897
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 185 Session of2011
INTRODUCED BY WASHINGTON, EARLL AND WILLIAMS, MARCH 23, 2011
REFERRED TO JUDICIARY, MARCH 23, 2011
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, prohibiting persons ordered to undergo
involuntary mental health treatment on an outpatient basis
from owning firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 6105(c) and (f)(1), 6105.1(a), 6109(c),
(e) and (i.1) and 6111.1(f) and (g) 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):
(1) A person who is a fugitive from justice. This
paragraph does not apply to an individual whose fugitive
status is based upon a nonmoving or moving summary offense
under Title 75 (relating to vehicles).
(2) A person who has been convicted of an offense under
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or any
equivalent Federal statute or equivalent statute of any other
state, that may be punishable by a term of imprisonment
exceeding two years.
(3) A person who has been convicted of driving under the
influence of alcohol or controlled substance as provided in
75 Pa.C.S. § 3802 (relating to driving under influence of
alcohol or controlled substance) or the former 75 Pa.C.S. §
3731, on three or more separate occasions within a five-year
period. For the purposes of this paragraph only, the
prohibition of subsection (a) shall only apply to transfers
or purchases of firearms after the third conviction.
(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.
(4.1) A person who has been ordered to undergo
involuntary mental health treatment on an outpatient basis
under the Mental Health Procedures Act.
(5) A person who, being an alien, is illegally or
unlawfully in the United States.
(6) A person who is the subject of an active protection
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from abuse order issued pursuant to 23 Pa.C.S. § 6108, which
order provided for the relinquishment of firearms during the
period of time the order is in effect. This prohibition shall
terminate upon the expiration or vacation of an active
protection from abuse order or portion thereof relating to
the relinquishment of firearms.
(7) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or
under any equivalent Federal statute or statute of any other
state as a result of conduct which if committed by an adult
would constitute an offense under sections 2502, 2503, 2702,
2703 (relating to assault by prisoner), 2704, 2901, 3121,
3123, 3301, 3502, 3701 and 3923.
(8) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal
statute or statute of any other state as a result of conduct
which if committed by an adult would constitute an offense
enumerated in subsection (b) with the exception of those
crimes set forth in paragraph (7). This prohibition shall
terminate 15 years after the last applicable delinquent
adjudication or upon the person reaching the age of 30,
whichever is earlier.
(9) A person who is prohibited from possessing or
acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to
unlawful acts). If the offense which resulted in the
prohibition under 18 U.S.C. § 922(g)(9) was committed, as
provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to
definitions), by a person in any of the following
relationships:
(i) the current or former spouse, parent or guardian
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of the victim;
(ii) a person with whom the victim shares a child in
common;
(iii) a person who cohabits with or has cohabited
with the victim as a spouse, parent or guardian; or
(iv) a person similarly situated to a spouse, parent
or guardian of the victim;
then the relationship need not be an element of the offense
to meet the requirements of this paragraph.
* * *
(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.
* * *
§ 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
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transfer firearms) or the applicant's conduct meets the
criteria in section 6105(c)(1), (2), (3), (4), (4.1), (5),
(6) or (7);
(2) the applicant has been convicted of any other crime
punishable by imprisonment exceeding one year as defined in
section 6102 (relating to definitions); or
(3) the applicant's character and reputation is such
that the applicant would be likely to act in a manner
dangerous to public safety.
* * *
§ 6109. Licenses.
* * *
(c) Form of application and content.--The application for a
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
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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
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:
(i) An individual whose character and reputation is
such that the individual would be likely to act in a
manner dangerous to public safety.
(ii) An individual who has been convicted of an
offense under the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and
Cosmetic Act.
(iii) An individual convicted of a crime enumerated
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in section 6105.
(iv) An individual who, within the past ten years,
has been adjudicated delinquent for a crime enumerated in
section 6105 or for an offense under The Controlled
Substance, Drug, Device and Cosmetic Act.
(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.
(vi) An individual who is addicted to or is an
unlawful user of marijuana or a stimulant, depressant or
narcotic drug.
(vii) An individual who is a habitual drunkard.
(viii) An individual who is charged with or has been
convicted of a crime punishable by imprisonment for a
term exceeding one year except as provided for in section
6123 (relating to waiver of disability or pardons).
(ix) A resident of another state who does not
possess a current license or permit or similar document
to carry a firearm issued by that state if a license is
provided for by the laws of that state, as published
annually in the Federal Register by the Bureau of
Alcohol, Tobacco and Firearms of the Department of the
Treasury under 18 U.S.C. § 921(a)(19) (relating to
definitions).
(x) An alien who is illegally in the United States.
(xi) An individual who has been discharged from the
armed forces of the United States under dishonorable
conditions.
(xii) An individual who is a fugitive from justice.
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This subparagraph does not apply to an individual whose
fugitive status is based upon nonmoving or moving summary
offense under Title 75 (relating to vehicles).
(xiii) An individual who is otherwise prohibited
from possessing, using, manufacturing, controlling,
purchasing, selling or transferring a firearm as provided
by section 6105.
(xiv) An individual who is prohibited from
possessing or acquiring a firearm under the statutes of
the United States.
* * *
(i.1) Notice to sheriff.--Notwithstanding any statute to the
contrary:
(1) Upon conviction of a person for a crime specified in
section 6105(a) or (b) or upon conviction of a person for a
crime punishable by imprisonment exceeding one year or upon a
determination that the conduct of a person meets the criteria
specified in section 6105(c)(1), (2), (3), (5), (6) or (9),
the court shall determine if the defendant has a license to
carry firearms issued pursuant to this section. If the
defendant has such a license, the court 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 and the nature of the crime or conduct which
resulted in the notification. The notification shall be
transmitted by the judge within seven days of the conviction
or determination.
(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) 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
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
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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).
(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
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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
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).
* * *
Section 2. This act shall take effect in 60 days.
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