Looking for info about persons not to possess fire arms

[one2]

I am interested in purchasing a handgun for protection as soon as possible because I had to get a PFA against someone with a history of violent behavior and alcoholism. A PFA is helpful in a way, but when it comes down to it, its only a piece of paper and won't protect me from this person if they decide to make good on their threats. I don't really know much of anything about the laws concerning the purchase of a firearm, but I did read this about who can't buy one:

A person who has been adjudicated as an incompetent or who has been involuntarily committed to a mental institution for inpatient care and treatment under section 302, 303 or 304 of the provisions of the act of July 9, 1976 (P.L. 817, No. 143), [FN2] known as the Mental Health Procedures Act. This paragraph shall not apply to any proceeding under section 302 of the Mental Health Procedures Act unless the examining physician has issued a certification that inpatient care was necessary or that the person was committable.

Does this apply to a person's juvenile record as well? I know it said that a person who falls under this could submit an application to the court of common pleas, but would that be necessary if the incident happened while the person was a minor?

[yeager484]

Welcome to PAFOA, I hope you find an answer to your question here...as well as a solution to your self defense situation.


I'm inclined to believe age is irrelevant but don't take my word for it, someone with far more knowledge of the law is bound to pop in with their insights.

Good luck, be safe.

[Totez]

I am interested in purchasing a handgun for protection as soon as possible because I had to get a PFA against someone with a history of violent behavior and alcoholism. A PFA is helpful in a way, but when it comes down to it, its only a piece of paper and won't protect me from this person if they decide to make good on their threats. I don't really know much of anything about the laws concerning the purchase of a firearm, but I did read this about who can't buy one:

A person who has been adjudicated as an incompetent or who has been involuntarily committed to a mental institution for inpatient care and treatment under section 302, 303 or 304 of the provisions of the act of July 9, 1976 (P.L. 817, No. 143), [FN2] known as the Mental Health Procedures Act. This paragraph shall not apply to any proceeding under section 302 of the Mental Health Procedures Act unless the examining physician has issued a certification that inpatient care was necessary or that the person was committable.

Does this apply to a person's juvenile record as well? I know it said that a person who falls under this could submit an application to the court of common pleas, but would that be necessary if the incident happened while the person was a minor?

First off - IANAL and regardless of any answers you get here you, you should contact a lawyer. We have a few that are members here. One is a member called Gunlawer and in my experience he is the most active on the forums (likely why I know his name.)

On to my completely unlawyerly opinion on the subject.

From what I understand, a juvenile record is to be sealed once the person reached the age of 18. I'm not sure what exactly carried over (if anything, which I'm sure there are some things) and that is why it is best to contact a lawyer.

Did I mention contacting a lawyer?

[mpan72]

There have been several threads that indicated the person starting the thread has been denied a gun purchase or ltcf because of a "302" as a juvenile. I do not think a juveniles record is sealed when they become an adult. I just think the info is disseminated a bit more judiciously.

I am not a lawyer and am in fact not very bright so take my posts accordingly.

[Exbiker]

I'm curious if it is the person you fear that was committed or yourself. Are you interested in arming yourself?

[Big Kahuna 19547]

I am fairly certain that the juvenile law does not seal records of mental commitments, and those crimes prohibiting gun ownership. If you fall into one the categories that prohibits firearm ownership whether it occurred as a juvenile or an adult you are probably prohibited. If that is the case, then you will need money and an attorney to try and make it right.

[tl_3237]

I am not a lawyer nor do I play one on the forums. But IMHO If you need a firearm for protection just try and see if you pass the background check. Now in case you don't pass try and get a taser or OC spray. Or a black powder handgun. Just make sure you know how to use them safely and correctly. Again if possible contact a lawyer first. Short of that I would do the above.

That is fraught with legal peril unless the person truthfully answers that they had a disqualifying commitment. If they specify 'yes' on the 4473 and, assuming purchase of a handgun, the SP4-113 then the sale cannot be completed.

If they specify 'no' without doing further 'due diligence' to determine if such an answer is supportable (ex: professional legal advice) then they are violation of both Federal and Commonwealth statutes with possible felony time and lifetime prohibition from firearms/ammo.

I suspect that whether the mental health record is for a juvenile or adult is immaterial and should be cleared before attempting a firearm purchase.

[mpan72]

I am not a lawyer nor do I play one on the forums. But IMHO If you need a firearm for protection just try and see if you pass the background check. Now in case you don't pass try and get a taser or OC spray. Or a black powder handgun. Just make sure you know how to use them safely and correctly. Again if possible contact a lawyer first. Short of that I would do the above.

The first statement is bad advise and often garners negative rep. The only thing I would suggest trying is to contact a lawyer well versed in such matters. Do not ask a cop or a gunshop worker or your co worker with the glock sticker on his rear window. They are advise bombs waiting to go off and get you screwed for life.

[IV_Warrior]

I am not a lawyer nor do I play one on the forums. But IMHO If you need a firearm for protection just try and see if you pass the background check. Now in case you don't pass try and get a taser or OC spray. Or a black powder handgun. Just make sure you know how to use them safely and correctly. Again if possible contact a lawyer first. Short of that I would do the above.

The bolded part is illegal, if the person is prohibited from owning firearms.

18 Pa.C.S. § 6105: Persons not to possess, use, manufacture, control, sell or transfer firearms

(i) Firearm.--As used in this section only, the term "firearm" shall include any weapons which are designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

[Square Bag]

First off - IANAL and regardless of any answers you get here you, you should contact a lawyer. We have a few that are members here. One is a member called Gunlawer and in my experience he is the most active on the forums (likely why I know his name.)

On to my completely unlawyerly opinion on the subject.

From what I understand, a juvenile record is to be sealed once the person reached the age of 18. I'm not sure what exactly carried over (if anything, which I'm sure there are some things) and that is why it is best to contact a lawyer.

Did I mention contacting a lawyer?

That applies to jobs and such doing background checks. But the Police and can access those records in certain situations.
I am in the know because I work for the Police dept.