Federal Court Rules a Pennsylvania 302 Insufficient to Trigger Disability

**ATBackpackin** · December 30th, 2017, 08:21 PM

I did a rudimentary search, so sorry if this is duplicate but I found it on the Maryland Shooters Forum.

Interesting finding but I won't hold my breath that it stands. Maybe someone fluent in Legalese can tell me what it truly means and if they think it will be upheld.

Full Story

We are extremely proud to announce that today Attorney Joshua Prince was successful in having Federal District Court Judge Kim Gibson of the Western District of Pennsylvania rule that an involuntary commitment under Section 302 of Pennsylvania’s Mental Health and Procedures Act (“MHPA”) is insufficient to trigger a federal firearms and ammunition disability under 18 U.S.C. § 922(g)(4).
For those unaware, 18 U.S.C. § 922(g)(4) provides
It shall be unlawful for any person–
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
Section 302 of the MHPA permits a physician to involuntarily commit an individual in the absence of any form of due process (i.e. the individual is not provided an attorney, the ability to confront or present witnesses, the ability to challenge or submit evidence, or provided any other requisites of due process).