juvenile record caused denial

**turkbender** · March 5th, 2007, 02:41 PM

10 ears ago my mother (who was over protective) decided that I had not been talking to her or my father enough. She read somewhere that this was a first sign of depresion and drug use.(I have never even smoked a cigarette). So she took me to the local hospital and told them what she thought. I went along with it in an attempt to prove i didnt use drugs. they had me there about two weeks before releasing me. i moved on .. forgot about it... joined the military.. got out got a job as a councelor for a state ordered delinquent youth facility (required fbi background check).. and recently went to purchase a handgun with the intents of getting act 235 certified and was denied due to the hospital stay as a youth because it was under mental health records violation.. is there any way to get this expunged or removed so that i can purchase a handgun.

**Lycanthrope** · March 5th, 2007, 02:52 PM

Juvenile records should be sealed.......to my knowledge it shouldn't have showed at all. I'd start with the hospital and start complaining.

**turkbender** · March 5th, 2007, 02:59 PM

That is what i thought but apperently in 1996 the law was changed for firearms sales.

**Rule10b5** · March 5th, 2007, 03:13 PM

Originally Posted by turkbender

10 ears ago my mother (who was over protective) decided that I had not been talking to her or my father enough. She read somewhere that this was a first sign of depresion and drug use.(I have never even smoked a cigarette). So she took me to the local hospital and told them what she thought. I went along with it in an attempt to prove i didnt use drugs. they had me there about two weeks before releasing me. i moved on .. forgot about it... joined the military.. got out got a job as a councelor for a state ordered delinquent youth facility (required fbi background check).. and recently went to purchase a handgun with the intents of getting act 235 certified and was denied due to the hospital stay as a youth cause it was under mental health records violation.. is there any way to get this expunged or removed so that i can purchase a handgun.

Were you actually "committed" within the meaning of Title 50?

Was it "involuntary?"

Did a physician sign a form stating that you were "committable" even if you weren't actually committed?

Need a little more info before responding.

Thx.

**Rule10b5** · March 5th, 2007, 03:15 PM

I don't think hospital committals ever had a "juvenile" exemption. Court records, sure, but not hospital records.

**Pierce8468** · March 5th, 2007, 03:18 PM

Well if you agreed to the treatment it should have been a 201 I believe, not 302. If I am correct only a 302 on your record ( wich is bieng help in a mental or drug treatment center, against your will) Is the only reason to be declined. If in fact you did go into treatment wilfully, then appeal the decision. The law is set up so that they must approve all sales and license app's, unless you fall into one of the prohibiting categorys. There is absolutley no discrection in these areas. It is either yes or no!

**Rule10b5** · March 5th, 2007, 03:22 PM

Originally Posted by Pierce8468

Well if you agreed to the treatment it should have been a 201 I believe, not 302. If I am correct only a 302 on your record ( wich is bieng help in a mental or drug treatment center, against your will)

Absolutely correct.

This really does sound like a 7201 committment to me. If it were a 7302, there would have been a court hearing (because he was in for 2 weeks, which is well beyond the 120 hour limit without a hearing).

If it's a 7201, he can purchase.

**Lycanthrope** · March 5th, 2007, 05:51 PM

The county delegate could have held a hearing and he wasn't aware of it....depending on his age at the time. We need to know.

**GunLawyer001** · March 5th, 2007, 06:19 PM

Even if he's prohibited, there's a provision in the UFA that allows him to petition the Court of Common Pleas for a restoration of his rights. He'll need a lawyer, and a psychiatric check up that verifies that he's mentally sound today.

**turkbender** · March 5th, 2007, 06:41 PM

I was 16 at the time.. i remember being there about a day or two before sitting in a room with a doctor (i believe he was a psych) talk with him about 5 min and then my dad was called in and he( the doctor) said he would like to have me stay a little longer and run some tests.