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Legislative Update: Due Process for Gun Owners?

As it stands, it appears no new gun restrictions will pass across the governor’s desk.

House Bill 2463

House Bill 2463 passed committee on June 19th. What is House Bill 2463? It has to do with 302 mental health commitments. 302 mental health commitments are an involuntary emergency commitment where you have no due process rights, meaning it doesn’t go in front of a judge or any sort of adjudicative authority. Literally, a signature is all that is needed to commit you against your will.

What will it do?

It will clearly define that there is a loss of firearm rights for six months, as opposed to what Pennsylvania state police and others are trying to interpret now, which is a lifetime ban. It will also allow a mechanism of action potentially to restore your rights after an adjudicated mental health commitment. That means one that’s been seen either by a judge or by a master, and those are what we call section 303 or 304. They’re longer term involuntary commitments that would allow a mechanism of action—a petition to restore your Second Amendment, Article I, section 21 rights.

Posted in Law

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