The bill amends West Virginia Code §61-7A-5 to streamline the process for individuals previously adjudicated as mentally defective or involuntarily committed to petition for the restoration of their firearm possession rights. It aligns the mental health examination requirements with those for involuntary hospitalizations and expands the list of qualified professionals who can conduct the necessary mental health evaluations. Specifically, the bill replaces the requirement for a "licensed psychologist or psychiatrist" with a broader range of professionals, including physicians, licensed professional counselors, licensed independent clinical social workers, advanced nurse practitioners with psychiatric certification, and physician assistants, provided they have been authorized by a circuit court order due to their expertise in mental health.

Additionally, the bill emphasizes the confidentiality of the documents related to the petition process, ensuring that only the prosecuting attorney, the petitioner, and their legal representatives have access to sensitive mental health information. It also mandates that all proceedings for regaining firearm rights be recorded and that the prosecuting attorney represents the state in these cases. If a court grants the petition, it will notify relevant authorities to update the individual's status in the state mental health registry and inform federal entities involved in background checks.

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