Pennsylvania Firearm Owners Association
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  1. #11
    Join Date
    Oct 2012
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    Douglassville, Pennsylvania
    (Berks County)
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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.
    Gender confusion is a mental illness

  2. #12
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
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    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
    Ce sac n'est pas un jouet.

  3. #13
    Join Date
    Apr 2019
    Location
    Wallingford, Pennsylvania
    (Delaware County)
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    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)
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    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)
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    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)
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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
    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.

  7. #17
    Join Date
    Jun 2020
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Cool Re: Restoring gun rights from a 302 18 years ago with no records

    Quote Originally Posted by Walleye Hunter View Post
    You don't need a lawyer to get your own Criminal Access and Review.
    What can you do with a PENNSYLVANIA STATE POLICE - REQUEST FOR INDIVIDUAL ACCESS AND REVIEW form once you are able to pay the $10 and get a copy? This 302 was from the year 2001 and there are no records on file because they were destroyed after 7 years. Can you take this and a copy of the police report (still looking for that) to a lawyer, or can you try to get expunged in court on your own? Thank you,

  8. #18
    Join Date
    Apr 2019
    Location
    Wallingford, Pennsylvania
    (Delaware County)
    Age
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    Default Re: Restoring gun rights from a 302 18 years ago with no records

    Quote Originally Posted by PhillyM83 View Post
    What can you do with a PENNSYLVANIA STATE POLICE - REQUEST FOR INDIVIDUAL ACCESS AND REVIEW form once you are able to pay the $10 and get a copy? This 302 was from the year 2001 and there are no records on file because they were destroyed after 7 years. Can you take this and a copy of the police report (still looking for that) to a lawyer, or can you try to get expunged in court on your own? Thank you,
    The individual access and review from the Pennsylvania State Police will NOT have any 302 records on it. It will only have CRIMINAL records on it. In order to see if there are any 302 records in the system, I'd recommend you contact one of the lawyers on the list I made in another thread (which I will link). They have experience in getting 302's expunged along with dealing with the Pennsylvania State Police in Harrisburg.

    Also, you do NOT want to try to go to court and do this yourself. The deputy chief counsel for the Pennsylvania State Police will eat your lunch. You need an attorney who knows how to win these cases. A list of them is linked below.

    https://forum.pafoa.org/showthread.php?t=350830

    All the best

  9. #19
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
    Posts
    11,764
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    21474859

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

    Quote Originally Posted by PhillyM83 View Post
    What can you do with a PENNSYLVANIA STATE POLICE - REQUEST FOR INDIVIDUAL ACCESS AND REVIEW form once you are able to pay the $10 and get a copy? This 302 was from the year 2001 and there are no records on file because they were destroyed after 7 years. Can you take this and a copy of the police report (still looking for that) to a lawyer, or can you try to get expunged in court on your own? Thank you,
    I thought it was more than $10, did you get the right thing?
    Gender confusion is a mental illness

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