Posted: | May 11, 2015 11:04 AM |
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From: | Representative Julie Harhart |
To: | All House members |
Subject: | Involuntary Commitments and Firearms Legislation |
In the near future, I will re-introduce House Bill 1583 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:
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 |