302s and LTCF

[NuthinbutJHP]

My wife failed the pics to own a handgun because she was 302d 10 years ago. If I give her a handgun is there anyway she can get a LTCF or is she destined to open carry forever (or at least till we save enough to get the 302 removed) .

[knight0334]

If she has been 302'd with certification, she is prohibited from touching, possessing, owning, carrying, and buying a gun. Therefor you would not be legally allowed to give her a gun - or for that matter have unlocked guns laying around the house.


http://reference.pafoa.org/statutes/...sfer-firearms/

18 Pa.C.S. § 6105: Persons not to possess, use, manufacture, control, sell or transfer firearms


(c) Other persons.--In addition to any person who has been convicted of any offense listed under subsection (b), the following persons shall be subject to the prohibition of subsection (a):
(4) A person who has been adjudicated as an incompetent or who has been involuntarily committed to a mental institution for inpatient care and treatment under section 302, 303 or 304 of the provisions of the act of July 9, 1976 (P.L. 817, No. 143), [FN2] known as the Mental Health Procedures Act. This paragraph shall not apply to any proceeding under section 302 of the Mental Health Procedures Act unless the examining physician has issued a certification that inpatient care was necessary or that the person was committable.

[rwilson452]

If I'm not mistaken, Your wife's 302 makes her a prohibited person period.
Possession is a no no.

My wife failed the pics to own a handgun because she was 302d 10 years ago. If I give her a handgun is there anyway she can get a LTCF or is she destined to open carry forever (or at least till we save enough to get the 302 removed) .

[NuthinbutJHP]

So your telling me- my wife can't even carry a gun to protect herself from animals when she's out in the garden at our house picking flowers or go shoot some targets in the back yard?!

[knight0334]

So your telling me- my wife can't even carry a gun to protect herself from animals when she's out in the garden at our house picking flowers or go shoot some targets in the back yard?!

Yep... She cant even touch a gun. And she cannot have the ability to control them - which means no unlocked guns within the home. ..sorry, thats just the way the law is written.

(a) Offense defined.--
(1) A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.
(2)(i) A person who is prohibited from possessing, using, controlling, selling, transferring or manufacturing a firearm under paragraph (1) or subsection (b) or (c) shall have a reasonable period of time, not to exceed 60 days from the date of the imposition of the disability under this subsection, in which to sell or transfer that person's firearms to another eligible person who is not a member of the prohibited person's household.
(ii) This paragraph shall not apply to any person whose disability is imposed pursuant to subsection (c)(6).

[knight0334]

Here is the Federal portion too:

http://www.law.cornell.edu/uscode/ht...2----000-.html

TITLE 18 > PART I > CHAPTER 44 > § 922
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§ 922. Unlawful acts

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(4) has been adjudicated as a mental defective or has been committed to any mental institution;

[BTJ138]

A 302 is an involuntary committal, hence no firearms in PA ever. If she had a voluntary committal, that would be a different story.

[NuthinbutJHP]

My Wife, children and animal's lives comes first. I try to be a law abiding citizen, however in this case the law is wrong! I will continue to arm my wife and leave loaded/ unlocked weapons around the house for her to defend with when I am not at home. If an officer of the law passing my NO TRESPASSING and BEWARE OF DOG signs with out my permission they are violating my 4th. Am I wrong for wanting my family to be safe?

[jmarshall]

I will not say whether I approve of what you want to do....

I will however remind you that it isn't prudent to post about doing illegal things, and if I recall, its also against forum rules

[Gun]

My Wife, children and animal's lives comes first. ************

Some advice. Edit your post, to be safe!