HB 387 - Mental Health & Firearms Possession

**Brick** · February 14th, 2009, 08:59 AM

Watch out for this one.

PRINTER'S NO. 432

THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
387
Session of 2009

INTRODUCED BY HARHART, STEVENSON, BRENNAN, PHILLIPS, BEYER, GINGRICH, GROVE, HENNESSEY, KORTZ, LONGIETTI, MANN, MILLER, PICKETT, SIPTROTH, STABACK, SWANGER AND VULAKOVICH,

FEBRUARY 13, 2009
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 13, 2009

AN ACT

1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for duties of
3 Pennsylvania State Police.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6111.1(f) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended by adding paragraphs to read:
8 § 6111.1. Pennsylvania State Police.
9 * * *
10 (f) Notification of mental health adjudication, treatment,
11 commitment, drug use or addiction.--
12 * * *
13 (4) Within two business days of receipt of a
14 notification under paragraph (1), the Pennsylvania State
15 Police shall notify the subject of the adjudication,
16 commitment or treatment of the following:
17 (i) The subject is prohibited from possession of
1 firearms under the provisions of this chapter.
2 (ii) The subject has a reasonable period of time,
3 not to exceed 60 days from the date of the imposition of
4 the disability, in which to sell or transfer the
5 subject’s firearms to another eligible person who is not
6 a member of the prohibited person's household.
7 (iii) The subject’s firearm rights may be restored
8 under section 6105(f)(1) (relating to persons not to
9 possess, use, manufacture, control, sell or transfer
10 firearms).
11 (5) The notification provided to the subject of the
12 adjudication, commitment or treatment under paragraph (4)
13 shall be sent by certified mail.
14 * * *
15 Section 2. This act shall take effect in 90 days.

20090HB0387PN0432
2

**Jackal** · February 14th, 2009, 09:07 AM

Thanks for posting. I'm not sure how this changes the current legislation though. And is this law now or does it need to pass yet?

**Brick** · February 14th, 2009, 09:23 AM

this is a bill offered in the the legislature not law, yet.

I can't call this proposed law harmless, it is in line with current law. I'm more concerned about the mechanism of court ordered committment itself.

**Jackal** · February 14th, 2009, 10:01 AM

Originally Posted by Brick

this is a bill offered in the the legislature not law, yet.

I can't call this proposed law harmless, it is in line with current law. I'm more concerned about the mechanism of court ordered committment itself.

I was under the impression that at the moment one could be committed by court or other professional under a section 302 designation. Does this bill change the process?

**Brick** · February 14th, 2009, 02:51 PM

This bill has nothing to do with Section 302 except set a very short time for the PSP to notify the committed individual that he must get rid of all his guns. You should note this requires the guns go to someone (a) who can legally receive them and (2) someone NOT a member of the committed ones household. Note also that there is no provision for the immediate, unpredjudiced return of EITHER ones rights or ones firearms if the "committment" determines the individual is sane and responsible and not a threat to self or others. "(iii) The subject’s firearm rights may be restored under section 6105(f)(1)" is a very weak statement and AFIAC "may" is a term indicating that permission must be requested and permission may always be witheld.