This bill amends West Virginia Code §61-7A-5 to align the mental health examination requirements for individuals seeking to regain their right to possess firearms with those required for involuntary hospitalizations. It allows individuals who have been previously adjudicated as mentally defective or involuntarily committed to petition the circuit court to regain their firearm possession rights. The petition must include a list of prior mental health treatments, an authorization for the release of mental health records to the prosecuting attorney, and a verified certificate of mental health examination conducted by qualified professionals, including physicians, psychologists, licensed counselors, and advanced nurse practitioners, within 30 days prior to filing the petition.

The bill also stipulates that the court can only consider petitions related to mental health adjudications or commitments that occurred within the state. It requires the court to evaluate evidence regarding the petitioner's mental health and criminal history, as well as character witness statements, before making a decision. If the court finds that the petitioner is competent and poses no danger to public safety, it may grant the petition. Additionally, the bill ensures that all proceedings are confidential, with strict limitations on who can access the related documents, and mandates that any orders restoring firearm possession rights be reported to relevant state and federal authorities.

Statutes affected:
Introduced Version: 61-7A-5