Bill Text: PA SB189 | 2013-2014 | Regular Session | Introduced
Bill Title: Prohibiting persons ordered to undergo involuntary mental health treatment on an outpatient basis from owning firearms.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2013-01-17 - Referred to JUDICIARY [SB189 Detail]
Download: Pennsylvania-2013-SB189-Introduced.html
| PRINTER'S NO. 136 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. | 189 | Session of 2013 |
INTRODUCED BY WASHINGTON, FONTANA, STACK, TEPLITZ, WILLIAMS, FARNESE AND TARTAGLIONE, JANUARY 17, 2013
REFERRED TO JUDICIARY, JANUARY 17, 2013
AN ACT
1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, prohibiting persons ordered to undergo
3involuntary mental health treatment on an outpatient basis
4from owning firearms.
5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:
7Section 1. Sections 6105(c) and (f)(1), 6105.1(a), 6109(c),
8(e)(1) and (i.1) and 6111.1(f) and (g) of Title 18 of the
9Pennsylvania Consolidated Statutes are amended to read:
10§ 6105. Persons not to possess, use, manufacture, control, sell
11or transfer firearms.
12* * *
13(c) Other persons.--In addition to any person who has been
14convicted of any offense listed under subsection (b), the
15following persons shall be subject to the prohibition of
16subsection (a):
17(1) A person who is a fugitive from justice. This
18paragraph does not apply to an individual whose fugitive
19status is based upon a nonmoving or moving summary offense
1under Title 75 (relating to vehicles).
2(2) A person who has been convicted of an offense under
3the act of April 14, 1972 (P.L.233, No.64), known as The
4Controlled Substance, Drug, Device and Cosmetic Act, or any
5equivalent Federal statute or equivalent statute of any other
6state, that may be punishable by a term of imprisonment
7exceeding two years.
8(3) A person who has been convicted of driving under the
9influence of alcohol or controlled substance as provided in
1075 Pa.C.S. § 3802 (relating to driving under influence of
11alcohol or controlled substance) or the former 75 Pa.C.S. §
123731, on three or more separate occasions within a five-year
13period. For the purposes of this paragraph only, the
14prohibition of subsection (a) shall only apply to transfers
15or purchases of firearms after the third conviction.
16(4) A person who has been adjudicated as an incompetent
17or who has been involuntarily committed to a mental
18institution for inpatient care and treatment under section
19302, 303 or 304 of the provisions of the act of July 9, 1976
20(P.L.817, No.143), known as the Mental Health Procedures Act.
21This paragraph shall not apply to any proceeding under
22section 302 of the Mental Health Procedures Act unless the
23examining physician has issued a certification that inpatient
24care was necessary or that the person was committable.
25(4.1) A person who has been ordered to undergo
26involuntary mental health treatment on an outpatient basis
27under the Mental Health Procedures Act.
28(5) A person who, being an alien, is illegally or
29unlawfully in the United States.
30(6) A person who is the subject of an active protection
1from abuse order issued pursuant to 23 Pa.C.S. § 6108, which
2order provided for the relinquishment of firearms during the
3period of time the order is in effect. This prohibition shall
4terminate upon the expiration or vacation of an active
5protection from abuse order or portion thereof relating to
6the relinquishment of firearms.
7(7) A person who was adjudicated delinquent by a court
8pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or
9under any equivalent Federal statute or statute of any other
10state as a result of conduct which if committed by an adult
11would constitute an offense under sections 2502, 2503, 2702,
122703 (relating to assault by prisoner), 2704, 2901, 3121,
133123, 3301, 3502, 3701 and 3923.
14(8) A person who was adjudicated delinquent by a court
15pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal
16statute or statute of any other state as a result of conduct
17which if committed by an adult would constitute an offense
18enumerated in subsection (b) with the exception of those
19crimes set forth in paragraph (7). This prohibition shall
20terminate 15 years after the last applicable delinquent
21adjudication or upon the person reaching the age of 30,
22whichever is earlier.
23(9) A person who is prohibited from possessing or
24acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to
25unlawful acts). If the offense which resulted in the
26prohibition under 18 U.S.C. § 922(g)(9) was committed, as
27provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to
28definitions), by a person in any of the following
29relationships:
30(i) the current or former spouse, parent or guardian
1of the victim;
2(ii) a person with whom the victim shares a child in
3common;
4(iii) a person who cohabits with or has cohabited
5with the victim as a spouse, parent or guardian; or
6(iv) a person similarly situated to a spouse, parent
7or guardian of the victim;
8then the relationship need not be an element of the offense
9to meet the requirements of this paragraph.
10* * *
11(f) Other exemptions and proceedings.--
12(1) Upon application to the court of common pleas under
13this subsection by an applicant subject to the prohibitions
14under subsection (c)(4) or (4.1), the court may grant such
15relief as it deems appropriate if the court determines that
16the applicant may possess a firearm without risk to the
17applicant or any other person.
18* * *
19§ 6105.1. Restoration of firearm rights for offenses under
20prior laws of this Commonwealth.
21(a) Restoration.--A person convicted of a disabling offense
22may make application to the court of common pleas in the county
23where the principal residence of the applicant is situated for
24restoration of firearms rights. The court shall grant
25restoration of firearms rights after a hearing in open court to
26determine whether the requirements of this section have been met
27unless:
28(1) the applicant has been convicted of any other
29offense specified in section 6105(a) or (b) (relating to
30persons not to possess, use, manufacture, control, sell or
1transfer firearms) or the applicant's conduct meets the
2criteria in section 6105(c)(1), (2), (3), (4), (4.1), (5),
3(6) or (7);
4(2) the applicant has been convicted of any other crime
5punishable by imprisonment exceeding one year as defined in
6section 6102 (relating to definitions); or
7(3) the applicant's character and reputation is such
8that the applicant would be likely to act in a manner
9dangerous to public safety.
10* * *
11§ 6109. Licenses.
12* * *
13(c) Form of application and content.--The application for a
14license to carry a firearm shall be uniform throughout this
15Commonwealth and shall be on a form prescribed by the
16Pennsylvania State Police. The form may contain provisions, not
17exceeding one page, to assure compliance with this section.
18Issuing authorities shall use only the application form
19prescribed by the Pennsylvania State Police. One of the
20following reasons for obtaining a firearm license shall be set
21forth in the application: self-defense, employment, hunting and
22fishing, target shooting, gun collecting or another proper
23reason. The application form shall be dated and signed by the
24applicant and shall contain the following statement:
25I have never been convicted of a crime that prohibits me
26from possessing or acquiring a firearm under Federal or
27State law. I am of sound mind and have never been
28committed to a mental institution or been ordered to
29undergo involuntary mental health treatment on an
30outpatient bases. I hereby certify that the statements
1contained herein are true and correct to the best of my
2knowledge and belief. I understand that, if I knowingly
3make any false statements herein, I am subject to
4penalties prescribed by law. I authorize the sheriff, or
5his designee, or, in the case of first class cities, the
6chief or head of the police department, or his designee,
7to inspect only those records or documents relevant to
8information required for this application. If I am issued
9a license and knowingly become ineligible to legally
10possess or acquire firearms, I will promptly notify the
11sheriff of the county in which I reside or, if I reside
12in a city of the first class, the chief of police of that
13city.
14* * *
15(e) Issuance of license.--
16(1) A license to carry a firearm shall be for the
17purpose of carrying a firearm concealed on or about one's
18person or in a vehicle and shall be issued if, after an
19investigation not to exceed 45 days, it appears that the
20applicant is an individual concerning whom no good cause
21exists to deny the license. A license shall not be issued to
22any of the following:
23(i) An individual whose character and reputation is
24such that the individual would be likely to act in a
25manner dangerous to public safety.
26(ii) An individual who has been convicted of an
27offense under the act of April 14, 1972 (P.L.233, No.64),
28known as The Controlled Substance, Drug, Device and
29Cosmetic Act.
30(iii) An individual convicted of a crime enumerated
1in section 6105.
2(iv) An individual who, within the past ten years,
3has been adjudicated delinquent for a crime enumerated in
4section 6105 or for an offense under The Controlled
5Substance, Drug, Device and Cosmetic Act.
6(v) An individual who is not of sound mind or who
7has ever been committed to a mental institution or who
8has ever been ordered to undergo involuntary mental
9health treatment on an outpatient basis.
10(vi) An individual who is addicted to or is an
11unlawful user of marijuana or a stimulant, depressant or
12narcotic drug.
13(vii) An individual who is a habitual drunkard.
14(viii) An individual who is charged with or has been
15convicted of a crime punishable by imprisonment for a
16term exceeding one year except as provided for in section
176123 (relating to waiver of disability or pardons).
18(ix) A resident of another state who does not
19possess a current license or permit or similar document
20to carry a firearm issued by that state if a license is
21provided for by the laws of that state, as published
22annually in the Federal Register by the Bureau of
23Alcohol, Tobacco and Firearms of the Department of the
24Treasury under 18 U.S.C. § 921(a)(19) (relating to
25definitions).
26(x) An alien who is illegally in the United States.
27(xi) An individual who has been discharged from the
28armed forces of the United States under dishonorable
29conditions.
30(xii) An individual who is a fugitive from justice.
1This subparagraph does not apply to an individual whose
2fugitive status is based upon nonmoving or moving summary
3offense under Title 75 (relating to vehicles).
4(xiii) An individual who is otherwise prohibited
5from possessing, using, manufacturing, controlling,
6purchasing, selling or transferring a firearm as provided
7by section 6105.
8(xiv) An individual who is prohibited from
9possessing or acquiring a firearm under the statutes of
10the United States.
11* * *
12(i.1) Notice to sheriff.--Notwithstanding any statute to the
13contrary:
14(1) Upon conviction of a person for a crime specified in
15section 6105(a) or (b) or upon conviction of a person for a
16crime punishable by imprisonment exceeding one year or upon a
17determination that the conduct of a person meets the criteria
18specified in section 6105(c)(1), (2), (3), (5), (6) or (9),
19the court shall determine if the defendant has a license to
20carry firearms issued pursuant to this section. If the
21defendant has such a license, the court shall notify the
22sheriff of the county in which that person resides, on a form
23developed by the Pennsylvania State Police, of the identity
24of the person and the nature of the crime or conduct which
25resulted in the notification. The notification shall be
26transmitted by the judge within seven days of the conviction
27or determination.
28(2) Upon adjudication that a person is incompetent or
29upon the involuntary commitment of a person to a mental
30institution for inpatient care and treatment under the act of
1July 9, 1976 (P.L.817, No.143), known as the Mental Health
2Procedures Act, or upon involuntary treatment of a person as
3described under section 6105(c)(4) or (4.1), the judge of the
4court of common pleas, mental health review officer or county
5mental health and mental retardation administrator shall
6notify the sheriff of the county in which that person
7resides, on a form developed by the Pennsylvania State
8Police, of the identity of the person who has been
9adjudicated, committed or treated and the nature of the
10adjudication, commitment or treatment. The notification shall
11be transmitted by the judge, mental health review officer or
12county mental health and mental retardation administrator
13within seven days of the adjudication, commitment or
14treatment.
15* * *
16§ 6111.1. Pennsylvania State Police.
17* * *
18(f) Notification of mental health adjudication, treatment,
19commitment, drug use or addiction.--
20(1) Notwithstanding any statute to the contrary, judges
21of the courts of common pleas shall notify the Pennsylvania
22State Police, on a form developed by the Pennsylvania State
23Police, of:
24(i) the identity of any individual who has been
25adjudicated as an incompetent or as a mental defective or
26who has been involuntarily committed to a mental
27institution under the act of July 9, 1976 (P.L.817,
28No.143), known as the Mental Health Procedures Act, or
29who has been involuntarily treated as described in
30section 6105(c)(4) or (4.1) (relating to persons not to
1possess, use, manufacture, control, sell or transfer
2firearms) or as described in 18 U.S.C. § 922(g)(4)
3(relating to unlawful acts) and its implementing Federal
4regulations; and
5(ii) any finding of fact or court order related to
6any person described in 18 U.S.C. § 922(g)(3).
7(2) The notification shall be transmitted by the judge
8to the Pennsylvania State Police within seven days of the
9adjudication, commitment or treatment.
10(3) Notwithstanding any law to the contrary, the
11Pennsylvania State Police may disclose, electronically or
12otherwise, to the United States Attorney General or a
13designee, any record relevant to a determination of whether a
14person is disqualified from possessing or receiving a firearm
15under 18 U.S.C. § 922 (g)(3) or (4) or an applicable state
16statute.
17(g) Review by court.--
18(1) Upon receipt of a copy of the order of a court of
19competent jurisdiction which vacates a final order or an
20involuntary certification issued by a mental health review
21officer, the Pennsylvania State Police shall expunge all
22records of the involuntary treatment received under
23subsection (f).
24(2) A person who is involuntarily committed pursuant to
25section 302 of the Mental Health Procedures Act may petition
26the court to review the sufficiency of the evidence upon
27which the commitment was based. If the court determines that
28the evidence upon which the involuntary commitment was based
29was insufficient, the court shall order that the record of
30the commitment submitted to the Pennsylvania State Police be
1expunged. A petition filed under this subsection shall toll
2the 60-day period set forth under section 6105(a)(2).
3(3) The Pennsylvania State Police shall expunge all
4records of an involuntary commitment of an individual who is
5discharged from a mental health facility based upon the
6initial review by the physician occurring within two hours of
7arrival under section 302(b) of the Mental Health Procedures
8Act and the physician's determination that no severe mental
9disability existed pursuant to section 302(b) of the Mental
10Health Procedures Act. The physician shall provide signed
11confirmation of the determination of the lack of severe
12mental disability following the initial examination under
13section 302(b) of the Mental Health Procedures Act to the
14Pennsylvania State Police.
15(4) A person who is ordered to undergo involuntary
16mental health treatment on an outpatient basis under the
17Mental Health Procedures Act may petition the court to review
18the sufficiency of the evidence upon which the order was
19based. If the court determines that the evidence upon which
20the order was based was insufficient, the court shall order
21that the record of the involuntary treatment submitted to the
22Pennsylvania State Police be expunged. A petition filed under
23this subsection shall toll the 60-day period set forth under
24section 6105(a)(2).
25* * *
26Section 2. This act shall take effect in 60 days.
