HB 3483
Relating to mental health examination requirements.
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill aims to establish a process for individuals previously adjudicated as mentally defective or committed to a mental institution in West Virginia to petition a circuit court to regain the right to possess firearms. To do so, petitioners must provide documentation of their prior mental health treatment, a recent mental health examination by a qualified professional, and evidence demonstrating their current competency and lack of danger to public safety. The court will consider this information to determine if granting the petition aligns with public interest.
Key provisions
- Allows individuals previously adjudicated or committed to a mental institution to petition for firearm rights.
- Requires a recent mental health examination by a licensed psychologist, psychiatrist, or other qualified professional.
- Requires petitioners to provide a list of all prior mental health treatment facilities.
- Requires petitioners to authorize the release of mental health records to the prosecuting attorney.
- The court must consider evidence of the petitioner’s mental health history, criminal history, and character.
- The court must determine the petitioner is competent and not likely to pose a danger to public safety.
- The prosecuting attorney represents the state in these proceedings.
- Upon granting the petition, the petitioner’s name is removed from the state registry and the FBI is notified.
Who is affected
- Individuals previously adjudicated as mentally defective
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