Results 11 to 19 of 19
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November 30th, 2019, 11:51 AM #11
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November 30th, 2019, 05:02 PM #12
Re: Restoring gun rights from a 302 18 years ago with no records
Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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November 30th, 2019, 08:07 PM #13
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Re: Restoring gun rights from a 302 18 years ago with no records
Please see the case AMM v. Pennsylvania State Police
Basically, if you wait too long after the 302 occurs to try and get it expunged under 6111.1 (g)(2), (and all the records are gone) the doctrine of laches attaches to bar the expungement action.
Luckily, relief under 6105 (f)(1) is still available without the records, and since July 1, 2019, it is federally qualifying.
Also, after every 302 commitment, a form called a "Notification of Mental Health Commitment" is sent to the Pennsylvania State Police within 7 days of the commitment (as required by 50 PS 7109 d). I have a copy of mine. It's basically a form with all your identifying information on it and basic information about the commitment. That record never gets destroyed, although the 302 petition (form MH-783) can be destroyed after 7 years in accordance with PA's medical record retention law.Last edited by GeneralRaptor2002; November 30th, 2019 at 08:11 PM.
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December 1st, 2019, 10:38 AM #14
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Montco,
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Re: Restoring gun rights from a 302 18 years ago with no records
Hey Raptor - you going to go to law school? Seems like you have what it takes.....
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December 1st, 2019, 11:59 AM #15
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December 15th, 2019, 10:21 PM #16
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Re: Restoring gun rights from a 302 18 years ago with no records
Yeah, I'd love to go to law school and become a lawyer. Hopefully in the next few decades, some unjust things will come to an end. I hope to advocate for the civil rights of all people.
I'd definitely be an advocate for firearm rights. I don't have much hope for firearm rights going into the 2020s, just look at the democrats. They're gaining ground very slowly. The Heller and McDonald decisions will hold off the most extreme policies they want to enact, but I feel certain policies (Over 10 capacity magazine bans, Arbitrary feature bans etc.) would be upheld by the Supreme Court if it got there.
Just remember, if the Federal Government wants to ban something (or regulate it to death) all they need to do is utilize the commerce clause or the power to lay and collect excise taxes (the only rule is that the excise taxes must remain uniform in all parts of the united states). Heck, in Wickard v. Filburn the Supreme Court ruled that growing wheat on your own land for your own use affects interstate commerce, subjecting it to federal regulation.
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June 2nd, 2020, 07:18 PM #17
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Re: Restoring gun rights from a 302 18 years ago with no records
What can you do with a PENNSYLVANIA STATE POLICE - REQUEST FOR INDIVIDUAL ACCESS AND REVIEW form once you are able to pay the $10 and get a copy? This 302 was from the year 2001 and there are no records on file because they were destroyed after 7 years. Can you take this and a copy of the police report (still looking for that) to a lawyer, or can you try to get expunged in court on your own? Thank you,
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June 2nd, 2020, 08:07 PM #18
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Re: Restoring gun rights from a 302 18 years ago with no records
The individual access and review from the Pennsylvania State Police will NOT have any 302 records on it. It will only have CRIMINAL records on it. In order to see if there are any 302 records in the system, I'd recommend you contact one of the lawyers on the list I made in another thread (which I will link). They have experience in getting 302's expunged along with dealing with the Pennsylvania State Police in Harrisburg.
Also, you do NOT want to try to go to court and do this yourself. The deputy chief counsel for the Pennsylvania State Police will eat your lunch. You need an attorney who knows how to win these cases. A list of them is linked below.
https://forum.pafoa.org/showthread.php?t=350830
All the best
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June 2nd, 2020, 08:50 PM #19
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