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HomeMy WebLinkAboutMH-203 Act 77 of 1996 - Firearms Notification1 FRANKLIN/FULTON COUNTY MENTAL HEALTH/INTELLECTUAL & DEVELOPMENTAL DISABILITIES/EARLY INTERVENTION 425 Franklin Farm Lane Chambersburg, PA 17202 (717) 264-5387 MH/IDD/EI PROCEDURE STATEMENT PROCEDURE SUBJECT: Act 77 of 1996 – Firearms Notification PROCEDURE NUMBER: MH-203 Effective Date: January 1, 2004 Date Revised: January 6, 2022 INTRODUCTION: The Pennsylvania Uniform Firearms Act of 1995, Title 18, Chapter 61, requires that the Pennsylvania State Police (PSP) have an instantaneous records check system to be used by firearms dealers to ensure firearms are not sold to potentially violent individuals. The system is called the Pennsylvania Instant Check System (PICS). PICS must check several data bases within the State, as well as the Federal system, prior to approving the sale of a firearm. One of the data bases that the law requires is a Mental Health Data Base. The Mental Health Data Base contains information on “a person who has been adjudicated as incompetent or who has been involuntarily committed to a mental institution for inpatient care and treatment under Section 302, 303 or 304 of the provisions of the Act of July 9, 1976 (P.C. 817, No. 143), known as the Mental Health Procedures Act.” The Act was further amended by the passage of Act 131 of 2008, which requires judges of the courts of common pleas to notify the Pennsylvania State Police when someone is adjudicated with a “mental illness” or has been involuntarily treated as described in 18 USC 922(g)(4) (relating to unlawful acts) and its implementing federal regulations. Act 77 of 1996 amended the Mental Health Procedures Act to require mental health care providers to supply the above information to the PSP on a form developed by the PSP. This statement is published for the purpose of establishing local procedures to meet the requirements of Act 77 regarding persons who are involuntarily committed. 2 PROCEDURE: Involuntary Commitment 302 or Commitments 303 and 304: Upon completion of the 302 Involuntary Commitment, the Emergency Delegate Coordinator will be provided—by crisis and/or inpatient unit staff—with the information to be electronically entered into the established Pennsylvania State Police (PSP) website and to update the internal tracking sheets accordingly. The Coordinator will complete the Notification of Mental Health Commitment form and mail a copy to the sheriff of the county of residence of the individual (if the person is from out of state the completed form is to be mailed to the Franklin County Sheriff or the Fulton County Sheriff depending upon where the petition was completed). Upon completion of the 303 or 304 hearing, the hospital representative in attendance will complete the Notification of Mental Health Commitment Form and fax or securely email it to the Emergency Delegate Coordinator at the conclusion of the hearing. The Emergency Delegate Coordinator will enter information electronically via the established PSP website, update the PSP firearms forms tracking sheet and mail a copy to the sheriff of the county of residence of the individual. A copy of the completed form will be scanned into Laserfiche and then shredded. As appropriate, individuals (persons potentially being involuntarily committed and/or prospective petitioners) will be informed, by the Emergency Delegate, that information based on a completed 302 petition (involuntary commitment) will be entered into the PSP database. During the background check, as part of the process of purchasing a firearm, this information will be discovered which may prevent the purchase from being completed. Copies of the Notification of Mental Health Commitment form will be scanned into Laserfiche and maintained for perpetuity. Preparation of the Notification of Mental Health Commitment Form: 1. The form will be completed in its entirety by the designated representative of outpatient mental health agency and/or emergency delegate to notify the PSP of the identity of any individual who has been adjudicated incompetent, to include adjudication of incapacity pursuant to 20 Pa.C.S.A. § 5501, or who has been involuntarily committed to a mental institution for inpatient care and treatment, as required by the Uniform Firearms Act and the Mental Health Procedures Act. 2. Pursuant to the Uniform Firearms Act, Section 6111.1(g) (3), the form will also be used by physicians when they determine that no severe mental disability exists following the initial examination under Section 302(b) of the Mental Health Procedures Act. Upon receiving the form, the PSP will expunge all records of the involuntary commitment.