PRINTER'S NO. 2260

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 1742 Session of 2003

        INTRODUCED BY WASHINGTON, STETLER, WEBER, ROEBUCK, BISHOP,
           BUTKOVITZ, CRUZ, FRANKEL, GABIG, HENNESSEY, JAMES, KELLER,
           KIRKLAND, LEDERER, YOUNGBLOOD, WHEATLEY AND DERMODY,
           JUNE 26, 2003

        REFERRED TO COMMITTEE ON JUDICIARY, JUNE 26, 2003

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for persons not to
     3     possess, use, manufacture, control, sell or transfer
     4     firearms.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 6105(c)(4) of Title 18 of the
     8  Pennsylvania Consolidated Statutes is amended to read:
     9  § 6105.  Persons not to possess, use, manufacture, control, sell
    10             or transfer firearms.
    11     * * *
    12     (c)  Other persons.--In addition to any person who has been
    13  convicted of any offense listed under subsection (b), the
    14  following persons shall be subject to the prohibition of
    15  subsection (a):
    16         * * *
    17         (4)  (i)  A person who has a mental disorder, including,
    18         but not limited to, a person who has been adjudicated as

     1         an incompetent or who has been involuntarily committed to
     2         a mental institution for inpatient care and treatment
     3         under section 302, 303 or 304 of the provisions of the
     4         act of July 9, 1976 (P.L.817, No.143), known as the
     5         Mental Health Procedures Act.
     6             (ii)  A permit or identification card may be issued
     7         to a person who had previously suffered from a mental
     8         disorder if the applicant provides a certificate of a
     9         medical doctor or psychiatrist licensed in this
    10         Commonwealth, or other satisfactory proof that the person
    11         is no longer suffering from the mental disorder in such a
    12         manner that it would interfere with or be a handicap in
    13         the handling of firearms.
    14             (iii)  This paragraph shall not apply to any
    15         proceeding under section 302 of the Mental Health
    16         Procedures Act unless the examining physician has issued
    17         a certification that inpatient care was necessary or that
    18         the person was committable.
    19         * * *
    20     Section 2.  This act shall take effect in 60 days.







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