Current through Register Vol. 54, No. 44, November 2, 2024
(a) Information
furnished under this chapter by an applicant, purchaser, transferee or
licensee, or collected by the designated issuing authority under this chapter,
is confidential and not subject to public disclosure.
(b) Information collected or maintained under
this chapter by the State Police is confidential and not subject to public
disclosure.
(c) Nonpublic
disclosure by the State Police of information collected, furnished or
maintained under this chapter is restricted to:
(1) Disclosure upon request of the applicant,
licensee, purchaser or transferee, as described in sections 6109 and 6111 of
the act (relating to licenses; and sale or transfer of firearms), upon
documentary certification that the requestor is in fact the applicant,
licensee, purchaser or transferee.
(2) Disclosure upon request of a county
sheriff or a criminal justice agency, defined as any court, including the minor
judiciary, with criminal jurisdiction or any other governmental agency, or
subunit thereof, created by statute or by the State or Federal constitution,
specifically authorized to perform as its principal function the administration
of criminal justice, and which allocates a substantial portion of its annual
budget to this function. Criminal justice agencies include: organized State and
municipal police departments, local detention facilities, county, regional and
State correctional facilities, probation agencies, district or prosecuting
attorneys, parole boards, pardon boards and agencies or subunits thereof, as
are declared by the Attorney General to be criminal justice agencies as
determined by a review of applicable statutes and the State or Federal
Constitution, or both.
(d) No disclosure of information forwarded,
collected or maintained under this chapter will be made to requests of
noncriminal justice agencies, or individuals other than the applicant,
licensee, purchaser or transferee as described in sections 6109 and 6111 of the
act.
(e) Mental health records
information received or maintained by the State Police under section
6111.1(b) and (f)
of the act (relating to Pennsylvania State Police) and section 109(d) of the
Mental Health Procedures Act (50 P.S. §
7109(d)) are confidential
and not subject to disclosure, except for all of the following:
(1) The information will be available to the
State Police for the purposes of determining, under sections 6109(d) and
6111.1(b) of the act, if the potential applicant is prohibited from possessing,
using, controlling, selling, transferring or manufacturing a firearm, or
obtaining a license to possess, use, control, sell, transfer or manufacture a
firearm in this Commonwealth, as defined under Federal or State law, and for
the purpose of informing the licensee/sheriff making inquiry under sections
6109(d) and 6111.1(b)(iii) of the act.
(2) The State Police may disclose the
information in accordance with section 111(b) of the Mental Health Procedures
Act (50 P.S. §
7111(b)).
The provisions of this section amended under section
111(b) of the Mental Health Procedures Act (50 P.S. §
7111(b)).
