This bill aims to amend the existing provisions of West Virginia Code 61-7A-5, specifically to align the mental health examination requirements for individuals seeking to regain their right to possess firearms with those required for involuntary hospitalizations. The bill allows individuals who have been previously adjudicated as mentally defective or involuntarily committed to petition the circuit court to regain their firearm possession rights. To do so, petitioners must provide 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 from a qualified professional, which now includes a broader range of licensed mental health practitioners.

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. If the court finds sufficient evidence that the petitioner is competent and poses no danger to public safety, it may grant the petition. Additionally, the bill emphasizes the confidentiality of the documents involved in the petition process and mandates that any orders restoring firearm possession rights be reported to relevant state and federal authorities.

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