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Pennsylvania House of Representatives
06/01/2024 05:13 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=12892
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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: May 31, 2013 03:05 PM
From: Representative Julie Harhart
To: All House members
Subject: Involuntary Commitments and Firearms Legislation
 
In the near future, I will re-introduce House Bill 758 from last session which amends the Pennsylvania Uniform Firearms Act to provide for notice of a firearms disability due to involuntary commitments under the Mental Health Procedures Act.

Under current law, involuntary commitments create a prohibition from possessing firearms. Our law also allows persons who are the subject of a prohibition a reasonable amount of time (not to exceed 60 days) to transfer their firearms to another person who lives outside of the prohibited person’s household. Persons who fail to transfer their firearms within the requisite timeframe commit a felony offense.

I have come to find out most people don’t realize their mental health commitment creates any firearms prohibition. This is especially true when a person is committed under Section 302 of the Mental Health Procedures Act as it requires no court proceeding whatsoever.

Under my bill, courts of common pleas have 15 days to notify an individual who is the subject of the adjudication or involuntary commitment of the following:

  • The individual is prohibited from possession of firearms under the Uniform Firearms Act;
  • The individual has a reasonable period of time, not to exceed 60 days, to sell or transfer any firearms to another eligible person who is not a member of the prohibited person’s household; and
  • The individual’s firearms rights may be restored under Section 6105 (f)(1) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms).

It is important to note this legislation does not change the substance of Pennsylvania’s Uniform Firearms Act . . . . it does not create new penalties or new classes of individuals who would be prohibited from possession of firearms. The bill simply gives persons prohibited from possession of firearms notice they must transfer their guns to avoid criminal sanctions in the future; and provides information on the process they must follow to get their rights restored.

JH/mmgw

Introduced as HB1583