Pennsylvania Firearm Owners Association
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  1. #11
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
    Posts
    4,098
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    Default Re: Restoring gun rights from a 302 18 years ago with no records

    Quote Originally Posted by icp4life162005 View Post
    Ding ding ding ding.

    Call a lawyer like Phil Kline.(Gunlawyer001 here on the forum)
    Let him due his due diligence for a fee of course.
    Gives you legal support and backing.
    You need to see whats actually on your files.
    You don't need a lawyer to get your own Criminal Access and Review.
    I know where Hunter's been.

  2. #12
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
    12,647
    Rep Power
    21474862

    Default Re: Restoring gun rights from a 302 18 years ago with no records

    Quote Originally Posted by john9001 View Post
    "no one keeps the records that far back regarding the 302", if there is no record then there is no record.
    There may be no records that YOU can access, but that doesn't mean that the government doesn't have a record. In fact, that's often the case.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Free seminar 7/18/19 in Quakertown: https://www.senatormensch.com/concealed-carry-seminar/

  3. #13
    Join Date
    Apr 2019
    Location
    Wallingford, Pennsylvania
    (Delaware County)
    Age
    17
    Posts
    27
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    0

    Default Re: Restoring gun rights from a 302 18 years ago with no records

    Quote Originally Posted by john9001 View Post
    "no one keeps the records that far back regarding the 302", if there is no record then there is no record.
    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.

  4. #14
    Join Date
    Feb 2015
    Location
    Montco, Pennsylvania
    (Montgomery County)
    Posts
    424
    Rep Power
    18047940

    Default 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.....

  5. #15
    Join Date
    Nov 2007
    Location
    Belly of the BEAST, Pennsylvania
    (Montgomery County)
    Posts
    1,216
    Rep Power
    21257001

    Default Re: Restoring gun rights from a 302 18 years ago with no records

    Quote Originally Posted by Royinmontco View Post
    Hey Raptor - you going to go to law school? Seems like you have what it takes.....
    He should seriously consider it.

    He could be another valuable asset to our cause.

  6. #16
    Join Date
    Apr 2019
    Location
    Wallingford, Pennsylvania
    (Delaware County)
    Age
    17
    Posts
    27
    Rep Power
    0

    Default Re: Restoring gun rights from a 302 18 years ago with no records

    Quote Originally Posted by icp4life162005 View Post
    He should seriously consider it.

    He could be another valuable asset to our cause.
    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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