Spouses issues reclaiming firearms after MY 302

[Dlrjnr]

Hi all. I’m in Bucks County, and had the Police 302 me during a non violent incident at my home about a month ago. The police asked if there were any guns in the home and my wife has 3. They confiscated them (with no report or documentation given to her) and told her she could pick them up after my 302 was taken care of. While at the hospital the 302 was changed to a 201 with no hearing because I had no issues with being there, and stayed 9 days for the help I needed.

Now, a month after, my wife is being denied her firearms without “going to Doylestown and getting a court order for the return”.

So I guess my question is this, does PA law require that a court order is needed in this situation? For her to get HER guns back... none belong to me. Or should they just be given back to her?

Thanks in advance for any helpful info.

[PASE717]

With regards to your current situation, your best bet would be to contact a lawyer who specialises in firearms related cases. Gunlawyer001 is a member on this forum, so I would reach out to him.

[MARINE DIVISION TWO]

Seems that a few individuals having problems with 302 and want good advice but really in all honesty the first person you should contact is a Lawyer expertised in Gun Law such as suggested GunLawyer on this site.I would not take any info you get from other than an Attorney as Guidance and Good Luck !

[gnbrotz]

No offense, but does it really matter what the law requires? Even if you're in the right, it's not like you can go in and take them by force because they're wrong.

PS - I agree it's bullshit

[Dlrjnr]

I’m just trying to see if anyone had any info or feedback other than the standard “get a lawyer” response. If need be we’ll obviously have to... but if not and there may be someone who’s willing to give me any info. I’d be grateful.

[Dlrjnr]

No offense, but does it really matter what the law requires? Even if you're in the right, it's not like you can go in and take them by force because they're wrong.

PS - I agree it's bullshit

It is, there’s no court order keeping them there. Why need one to get them? They’re hers. Not mine.

[Walleye Hunter]

I’m just trying to see if anyone had any info or feedback other than the standard “get a lawyer” response. If need be we’ll obviously have to... but if not and there may be someone who’s willing to give me any info. I’d be grateful.

Nobody is being a wise guy, this is a case where you'll have no choice but to put a lawyer on it. It is bullshit and will cost you.

[Walleye Hunter]

It is, there’s no court order keeping them there. Why need one to get them? They’re hers. Not mine.

Are you married and living in the same house? What's yours is hers and what's hers is yours.

[icp4life162005]

I’m just trying to see if anyone had any info or feedback other than the standard “get a lawyer” response. If need be we’ll obviously have to... but if not and there may be someone who’s willing to give me any info. I’d be grateful.

You don't have a choice at this point. Its your only option.

[R L Suehr]

I’m just trying to see if anyone had any info or feedback other than the standard “get a lawyer” response. If need be we’ll obviously have to... but if not and there may be someone who’s willing to give me any info. I’d be grateful.

The standard "get a lawyer" is probably best for now though. You need to know things like if the 302 was actually filed as a 302. If it was you're permanently banned from guns. Your spouse would have to lock them up in a way that gives you absolutely zero access to them or any ammunition she might have.

The police should have given her a property receipt. They didn't. They should give them back. If they won't there's nothing anyone here can do for you. If they're bent on not giving them back without a court order, the only way that's going to be resolved is with the help of an attorney.