Pennsylvania HB 378 - Mental Health
An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms, for restoration of firearm rights for offenses under prior laws of this Commonwealth, for licenses and for Pennsylvania State Police.
Provides for the temporary surrender of firearms to the police by any person who is taken into custody by the police for the purpose of a mental examination and prior to an examination ordered pursuant to article seven hundred thirty of the criminal procedure law; requires a "cooling off period" following the discharge from psychiatric care during which time firearms, which came into police custody during the person's prehospitalization intervention or during hospitalization, may be kept in police custody for thirty days, or after a psychiatric examiner has determined whether the person is a threat to himself or herself or others; provides that a judge of the local jurisdiction may order an early return of the firearms if he or she determines that it would be appropriate to do so.
Relating to the unlawful possession of a firearm by persons who are subject to certain judicial determinations; creating a criminal offense.
Relating to the prosecution of the offense of unlawful transfer of a firearm.
This bill would express the intent of the Legislature to enact legislation relating to gun violence and mental health.