Act 77 302 laws

July 9,1976(P.L.817,No.143), known as the Mental Health Procedures Act Titl18 (Crimes and Offenses) Of the Pennsylvania Consolidated Statutes. A person who has been adjudicated as an incompetent or who Has been involuntarily committed to a mental institution for inpatient care and treatment under section

Dear Ms. Abrahamson,

Thank you for your recent email relating to the Pennsylvania Mental

Health Procedures Act and the right to keep and bear arms. In your

correspondence, you suggested that the Mental Health Procedures Act or

the Uniform Firearms Act be amended in one of two ways.

You suggested that a prohibition based on Section 302 of the Mental

Health Procedures Act expire after five (5) years. Alternatively, you

suggest that the State Police provide notification to persons

involuntarily committed under Section 302 of the Act that they

prohibited from possession of firearms and must properly dispose of

firearms and weapons to avoid felony criminal sanctions.

Under the current law, a person who has been prohibited from possession

of firearms based on involuntary mental health treatment under Sections

302, 303 or 304, may petition the court of common pleas in the judicial

district where the individual resides to have their firearm rights

restored. The court has the authority to restore firearm rights if the

court “determines that the applicant may possess a firearm without

risk to the applicant or any other person.”

Given the broad discretion granted to the courts under existing law, it

is highly unlikely that a proposal to add an automatic five-year limit

on 302 commitments would receive favorable consideration in the

legislature.

You might be interested to know that the Uniform Firearms Act was

amended a number of times in the 1990’s to further provide for the

disposition of firearms in the possession of someone who is prohibited.

One paragraph in particular states “A person who is prohibited from

possessing, using, controlling, selling, transferring or manufacturing a

firearm under paragraph (1) or subsection (b) or (c) shall have a

reasonable period of time, not to exceed 60 days from the date of the

imposition of the disability under this subsection, in which to sell or

transfer that person's firearms to another eligible person who is not a

member of the prohibited person's household.” (See 18 Pa.C.S.

§6105(a)(2))

In 2004, the Superior Court had an opportunity to review this provision

and held that “the date of the imposition of the disability,” at

least as it relates to criminal offenses, is the date of conviction. To

extend that reasoning to prohibitions from possession of firearms due to

involuntary commitments, it would mean that a person would have 60 days

after being involuntarily committed to dispose of their firearms.

You raise a legitimate concern in your email to me: How would the

average person know that a single commitment under Section 302 would

create such a disability in the first place?

I have brought this matter to the Chairman of the House Judiciary

Committee and it is my understanding that legislation will be introduced

this session to require the Pennsylvania State Police to notify persons

subjected to involuntary mental health commitments of their disability

under the Pennsylvania Uniform Firearms Act; their right to transfer

their guns to another person (who does not live in the same household)

within 60 days; and their ability to petition the courts for relief.

I will watch for this legislation as we move forward and I will

remember your input should this bill come up for a vote.

Again, thank you for contacting me about this issue. I hope this

response adequately addresses your concerns. Please do not hesitate to

contact me if you have any questions about this or other matters

relating to state government.

Sincerely

Matt Gabler

Member, 75th District

Pennsylvania House of Representatives

LET Governor Edward G. Rendell's Office know  You would like him to considered

Christine’s 2009 proposal to amended Act 77 of 1976 the Mental Health Procedures

Act And Amending Title 18
                                    of Crimes code July 9,

1976 (P.L.817,No.143),

Governor Edward G. Rendell's Office 
225 Main Capitol Building
                                    
Harrisburg, Pennsylvania 17120

Phone: (717) 787-2500
Fax: (717) 772-8284
E-mail the Governor's Office