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December 18th, 2015, 04:53 PM #11
Re: Pittsburgh-Area Lawyer Needed To Fight Purchase Denial
RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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December 18th, 2015, 05:00 PM #12
Re: Pittsburgh-Area Lawyer Needed To Fight Purchase Denial
Can they still expunge them? I know there is no longer restoration of rights for 302s, just not the details. I thought you had to prove something wrong with the original 302.
NOTE: Things changed in PA around the time this thread was started, not sure if older posts are relevant.
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December 18th, 2015, 05:09 PM #13
Re: Pittsburgh-Area Lawyer Needed To Fight Purchase Denial
RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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December 18th, 2015, 07:28 PM #14
Re: Pittsburgh-Area Lawyer Needed To Fight Purchase Denial
That's correct. With Prince's loss in the Keyes case, we all lost the ability to have a Common Pleas Court judge order an expungement as part of the state relief, which we were getting upon a showing that the person was mentally just fine now.
Now, you have to show a substantive procedural error at the time, which is quite difficult and often a waste of thousands of dollars (well, the lawyers appreciate the donation, but it's a complete waste for the client.) There's case law that says that even if there was a substantial delay between initial admission and the first evaluation, that's often excusable; for example, if you're brought in unconscious or incoherent.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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December 27th, 2015, 03:09 PM #15Junior Member
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Boulder,
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December 27th, 2015, 03:16 PM #16
Re: Pittsburgh-Area Lawyer Needed To Fight Purchase Denial
Pretty sure he answered that in his final paragraph.
If your attorney can show that the rules were not followed you may have a chance. Your idea of "rights" and what the law says may not mesh, so you're going to need records and someone who knows the law to sort it all out.
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December 27th, 2015, 03:58 PM #17
Re: Pittsburgh-Area Lawyer Needed To Fight Purchase Denial
There will certainly be plenty of lawyers willing to make promises, exaggerate their successes, and inflate your chances, but the truth is that it's like planning for your retirement by purchasing lottery tickets. The lawyer will get richer and you will be poorer, that's the most likely outcome with the current courts.
The underlying problem is that we have a federal law which makes no distinction between "mentally troubled 20 years ago" and "insane right now". We absolutely do need to keep the mentally ill away from guns (and cars, and toddlers, and gasoline...) but Due Process requires that we sort out the mentally ill from the not-mentally-ill. I have enough remaining confidence in our government to hope for decency and respect for the Constitution, and there have been a few cases moving in the right direction, but we're not there yet. My advice is for most people to wait another year, give the government (state & federal) some time to make right what Prince's Keyes case lost for us at the tail end of 2013.
We need some strong law to keep the insane less dangerous, and allow the sane to exercise all of their enumerated rights. We need to honor Due Process. We need fairness.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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December 27th, 2015, 03:58 PM #18Junior Member
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Re: Pittsburgh-Area Lawyer Needed To Fight Purchase Denial
This is where I have gotten some of my information from
http://www.pitt.edu/~kconover/ftp/302-text.pdf
My other concern is the thousands of wasted dollars statement, and how do you prove something that happened so long ago that all records have been purged?
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October 5th, 2019, 06:45 PM #19Member
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Wallingford,
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Re: Pittsburgh-Area Lawyer Needed To Fight Purchase Denial
I know I'm very late on this one, but the Pennsylvania Superior Court ruled in the case In re Kevin Jacobs that the MHPA DOES NOT require that a patient be offered a voluntary admission before starting the involuntary commitment process. It's on page 6 of the opinion. https://law.justia.com/cases/pennsyl...s62001-10.html
Also, the ATF approved section 6105 (f)(1) on July 1, 2019 so you can have your state and federal firearm rights restored using that procedure now.
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October 6th, 2019, 07:57 PM #20
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