HB 4169
Relating to mental health examination requirements.
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill establishes a process for individuals previously adjudicated as mentally defective or with a prior involuntary commitment to a mental institution to petition a circuit court to regain the right to possess firearms. To do so, they must provide a certificate of mental health examination from a licensed psychologist or psychiatrist within 30 days of filing their petition, demonstrating they are currently competent and pose no danger to public safety. The court will consider evidence related to the original mental health issues, criminal history, and character references before making a decision.
Key provisions
- Individuals previously adjudicated mentally defective or committed to a mental institution can petition a circuit court to regain firearm rights.
- Petitioners must provide a certificate of mental health examination from a specific list of qualified professionals (psychologist, psychiatrist, etc.) within 30 days of filing.
- The court must consider evidence of the original mental health issues, criminal history, and character references.
- The court can only consider mental health adjudications or commitments that occurred in West Virginia.
- If granted, the petitioner's name will be removed from the central state mental health registry and the West Virginia State Police and the FBI will be notified.
- All proceedings related to the petition are confidential.
- The prosecuting attorney represents the state in these proceedings.
- The circuit clerk must provide certified copies of orders removing firearm prohibitions to the State Police Superintendent and the West Virginia Supreme Court Administrator.
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