Pennsylvania Firearm Owners Association
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  1. #1
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    Question how do i restore my firearm rights in pennsylvania?

    I was committed involuntary to a mental hospital because i had a mental illness and thus lost my right to own a gun.
    PA law says to go to the court of common pleas for an application for restoring firearm rights.
    1. so do I just go there and fill out the application while I'm there and turn it in to the clerk at the front desk and wait for them to mail me a court date. Someone let me know how this works.
    2. Do I need to pay a lawyer to go before a judge or will I have success if i do it by myself?
    3. What questions will the judge ask me?

    Need advice thanks.

  2. #2
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    Default Re: how do i restore my firearm rights in pennsylvania?

    Quote Originally Posted by donnie7 View Post
    I was committed involuntary to a mental hospital because i had a mental illness and thus lost my right to own a gun.
    PA law says to go to the court of common pleas for an application for restoring firearm rights.
    1. so do I just go there and fill out the application while I'm there and turn it in to the clerk at the front desk and wait for them to mail me a court date. Someone let me know how this works.
    2. Do I need to pay a lawyer to go before a judge or will I have success if i do it by myself?
    3. What questions will the judge ask me?

    Need advice thanks.
    At the moment, there's no practical way for the majority of folks in your situation to fix this. You may be able to get your state rights restored (via the statute you looked at), but since Joshua Prince lost the important Keyes case in 2013, nobody can get the expungement of a 302 that would restore your federal gun rights, meaning that you can't possess a gun or ammo anywhere in the United States.

    It's being worked on; last year, House Bill 1243 would have fixed it, but some of those on on our side had other priorities. With luck, there will be a legislative fix that repairs the Keyes loss.

    http://forum.pafoa.org/showthread.php?t=275432&page=2

    You will need a lawyer. And testimony from a psychiatrist. It won't be cheap, but it will be the only way to get your rights back.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  3. #3
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    Default Re: how do i restore my firearm rights in pennsylvania?

    I was actually 303'ed.

    Would that still fall under that bill?

    So I have to wait until that bill passes at the federal level even if I am granted my right to own one at the state level to legally own a gun in PA?

  4. #4
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    Default Re: how do i restore my firearm rights in pennsylvania?

    Quote Originally Posted by donnie7 View Post
    I was actually 303'ed.

    Would that still fall under that bill?

    So I have to wait until that bill passes at the federal level even if I am granted my right to own one at the state level to legally own a gun in PA?
    No, it would be a state law, because it was a state action that took your rights away. There are 2 ways the Legislature could fix it, to undo the damage done in 2013. Keep watching PAFOA and when it happens, it will be discussed.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  5. #5
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    Default Re: how do i restore my firearm rights in pennsylvania?

    Quote Originally Posted by donnie7 View Post
    I was actually 303'ed.

    Would that still fall under that bill?

    So I have to wait until that bill passes at the federal level even if I am granted my right to own one at the state level to legally own a gun in PA?
    How long ago was your 303, just out of curiosity?
    I am not a lawyer. Nothing I say or write is legal advice.

  6. #6
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    Default Re: how do i restore my firearm rights in pennsylvania?

    Quote Originally Posted by GunLawyer001 View Post
    No, it would be a state law, because it was a state action that took your rights away. There are 2 ways the Legislature could fix it, to undo the damage done in 2013. Keep watching PAFOA and when it happens, it will be discussed.
    I don't understand what you mean.

    are you saying I can't own a gun in PA even after I get my state firearms rights restored because it blocks me at the federal level?
    Last edited by donnie7; May 25th, 2015 at 08:39 PM.

  7. #7
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    Default Re: how do i restore my firearm rights in pennsylvania?

    Quote Originally Posted by donnie7 View Post
    I don't understand what you mean.

    are you saying I can't own a gun in PA even after I get my state firearms rights restored because it blocks me at the federal level?

    The 303 expungement simply "ain't happening" because of the results of the case that GL mentioned above.

    As I understand it, if your 302 and subsequent 303 were VALID and done properly, you are screwed. Previous to the Keyes case, there WAS the chance to have it expunged, but not now.

    If there is any chance that it can be proven the commitment was not done legally then you have a shot at it by going at it from the "it wasn't valid in the first place" angle - but I can't see doing that without legal help and a bunch of money.
    I called to check my ZIP CODE!....DY-NO-MITE!!!

  8. #8
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    Default Re: how do i restore my firearm rights in pennsylvania?

    Quote Originally Posted by Emptymag View Post
    The 303 expungement simply "ain't happening" because of the results of the case that GL mentioned above.

    As I understand it, if your 302 and subsequent 303 were VALID and done properly, you are screwed. Previous to the Keyes case, there WAS the chance to have it expunged, but not now.

    If there is any chance that it can be proven the commitment was not done legally then you have a shot at it by going at it from the "it wasn't valid in the first place" angle - but I can't see doing that without legal help and a bunch of money.
    OK but what about owning a gun in PA if I get my firearm rights restored? I don't understand how this state law does not work because of the federal laws? is this what I'm being told?

    btw, I was committed 3 years ago
    Last edited by donnie7; May 25th, 2015 at 09:00 PM.

  9. #9
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    Default Re: how do i restore my firearm rights in pennsylvania?

    Quote Originally Posted by donnie7 View Post
    I was actually 303'ed.

    Would that still fall under that bill?

    So I have to wait until that bill passes at the federal level even if I am granted my right to own one at the state level to legally own a gun in PA?
    The bill Gunlawyer referenced was a state bill, not a federal bill. I think that may be part of why you're confused, you thought he was referring to a proposed federal law.

    _____

    Some years ago I worked in a job reviewing medical records, including mental health records, related to disability. A 303 usually suggests a substantial level of impairment was present over an extended period of time. 302s are a dime a dozen, 303s aren't quite so common. At the risk of asking an insulting question, with only three years passed since your 303 are you sure you're ready (if it were legally possible, which it may not be) to possess a firearm safely and mentally unimpaired 24/7/365?
    I am not a lawyer. Nothing I say or write is legal advice.

  10. #10
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    Default Re: how do i restore my firearm rights in pennsylvania?

    Yes I am, for protection from a home invasion

    This is my question that im not getting clarity on, if I have my rights restored in PA by the "restoration of firearms rights law" will I be able to legally own a gun in PA?

    Gunlawyer said I have to wait for ANOTHER bill? (Is this only for the federal gun rights in all areas except PA?)
    Last edited by donnie7; May 25th, 2015 at 09:36 PM.

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