West Virginia HB4169: Relating to mental health examination requirements.

What the bill says

An act to amend and reenact §61-7A-5 of the Code of West Virginia, 1931, as amended, relating to petitions to regain the right to possess firearms; aligning mental health examination requirements with those required for involuntary hospitalizations; and providing for the qualifications of certain professionals authorize to sign a verified certificate of mental health examination. (c) The court may only consider petitions for relief due to mental health adjudications or commitments that occurred in this state, and only give the relief specifically requested in the petition. (d) In determining w.

From the enrolled text, March 11, 2026:

AN ACT to amend and reenact §61-7A-5 of the Code of West Virginia, 1931, as amended, relating to petitions to regain the right to possess firearms; aligning mental health examination requirements with those required for involuntary hospitalizations; and providing for the qualifications of certain professionals authorize to sign a verified certificate of mental health examination. (c) The court may only consider petitions for relief due to mental health adjudications or commitments that occurred in this state, and only give the relief specifically requested in the petition. (d) In determining whether to grant the petition, the court shall receive and consider at a minimum (2) The petitioner's record which must include the petitioner's mental health and criminal history records; and (3) The petitioner's reputation developed through character witness statements, testimony, or other character evidence. (e) If the court finds by clear and convincing evidence that the person is competent and capable of exercising the responsibilities concomitant with the possession of a firearm, will not be likely to act in a manner dangerous to public safety, and that granting the relief will not be contrary to public interest, the court may enter an order allowing the petitioner to possess a firearm. If the order denies petitioner's ability to possess a firearm, the petitioner may appeal the denial, which appeal is to include …

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